Mumbai: In a temporary reprieve for former chief minister Ashok Chavan, Bombay High Court on Thursday asked the special court not proceed with issuing summons against him in the Adarsh scam case till the next date of hearing.
A Division Bench presided over by Justice Ranjit More and Justice Sarang Kotwal was hearing a writ petition filed by the Congress leader challenging the sanction allowed by Maharashtra Governor, to prosecute him in the Adarsh Scam case.
Governor Vidyasagr Rao in February 2016 sanctioned Chavan’s prosecution under charges of cheating and criminal conspiracy along with relevant sections of the Prevention of Corruption Act.
According to Chavan, this sanctioning is contradictory to the stand of former Governor K Sankaranarayanan, who had refused to grant permission for his prosecution in the alleged scam.
Senior counsel Amit Desai appearing for Chavan informed the Bench that the first ground is the adverse observation made by a judge of the HC against Chavan, while hearing an application pertaining to this case. He also informed that the said observations are challenged in the Supreme Court and the matter is still pending.
After hearing the submissions, Justice More asked the CBI to spell out as to why the HC judge had refused to accept their application, wherein the agency wanted to discharge Chavan. “Why did the judge (of HC) did not accpet your application of discharge when there was no sanction at that time?”
Meanwhile, the Bench asked CBI not to proceed with the matter in the special court. Posting the matter for further hearing, the Bench even asked the agency to request the special court not to issue summons against Chavan till June 21.