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Relief For Former Maha CM Ashok Chavan In Adarsh Scam Case As HC Rejects Trial Sanction

DIVYIA ASTHANA | 0
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| December 22 , 2017 , 12:35 IST

In a major relief for senior Congress leader and former Maharashtra Chief Minister Ashok Chavan, the Bombay High Court on Friday rejected the order passed by the Maharashtra Governor granting sanction to prosecute Chavan in the Adarsh housing society scam case.

A bench of Justice Ranjit More and Justice Sadhana Jadhav quashed the order, saying that the Maharashtra Governor sanction cannot be sustained. The Bombay High Court had been hearing a petition filed by Chavan challenging the decision of Maharashtra Governor C Vidyasagar Rao to grant CBI sanction to prosecute him in the Adarsh scam.

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"It was permissible for the Governor, the sanctioning authority, to review or reconsider the earlier decision of the erstwhile Governor not to grant sanction to prosecute the petitioner (Ashok Chavan) in terms of the fresh material which had surfaced after the earlier sanction was refused,” said the court.

Last year in February, Governor Rao had granted CBI sanction to prosecute Chavan for offences of criminal conspiracy and cheating under relevant sections of the IPC and under the Prevention of Corruption Act. Previously, in December 2013 Rao's predecessor governor K Sankaranarayanan had refused to grant sanction to the CBI to initiate proceedings against Chavan.

“The material which is required to be considered by the sanctioning authority is not limited to the evidence collected by the investigating agency during the course of investigation,” said Justice Ranjit More.

Appearing on behalf of Chavan, senior counsel Amit Desai said that the 2016 order was motivated by a change in political circumstances and not by any change in material aspects of the case.

kushal kumar

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