By IANS,
Mumbai : Hours after a two-member judicial panel submitted its interim report, the Central Bureau of Investigation (CBI) Tuesday said it was not necessary for it to form a similar opinion as reflected in the commission’s findings on the 31-storeyed Adarsh Society building here.
“Criminal courts are not bound by the report or finding of the Commission of Enquiry. Our case is based on a building which was built on the piece of land which was in possession of the army,” said an official, who declined to be identified.
He said that the CBI could use the report or its findings, but it did not preclude the agency from forming a different opinion on it.
“The CBI investigation relates with anti-corruption laws (misuse of official position for one’s benefit), Indian Penal Code sections (forgery and using forged records as genuine) and also ‘benami’ transactions of members (as directed by the Bombay High Court),” the official pointed out.
On the commission’s interim report on two points pertaining to the ownership of the land and the purported reservation for war heroes, the CBI was of the view that although the “the ownership could be with state (Maharashtra)”, the army was in “possession” of the plot for much extended period, where the building currently stands.
The probe agency pointed out that according to the Supreme Court, all commission findings were only meant to give information to the government and the latter may accept or reject it.
This afternoon, the interim report on the Adarsh Society probe by the two-member judicial commission, comprising former judge Justice J.A. Patil and former chief secretary P. Subrahmanyam, appointed nearly one-and-half years ago, was tabled before the state legislature.
“Their (government) claim stands established in view of the provisions of Section 294, Military Land Register Code (MLRC), 1966. The code came into force Aug 15, 1967 and there is no evidence to show that on that date the land in question was occupied by anybody,” the commission said.
“Moreover, the same has been corroborated by other factors, admissions on part of the MoD (ministry of defence), absence of entry of the land in question in the MLR (Military Land Register) maintained by the defence estates officer and the inaction on the part of the army/MoD to assert their alleged right. The commission, therefore, holds that the land belongs to GoM (state government),” the commission report said.
On the issue of reservation of the plot for Kargil heroes, the commission stated: “There is no notification issued by the government of Maharashtra providing reservation of the land in question for the defence personnel or Kargil war heroes.”
“Earlier, this morning, it was discussed at the state cabinet meeting chaired by Chief Minister Prithviraj Chavan and approved before it was tabled in the legislature,” an official told IANS.
The Adarsh case involves a prime plot in south Mumbai’s Colaba on which a 31-storey building was constructed by the society.