CBI Two Weeks To Decide On Registering FIR Adarsh Housing Society Case

Where’s Adarsh FIR: HC to CBI

Mumbai: The Bombay High Court on Tuesday came down heavily on the Central Bureau of Investigation (CBI) for its failure to register an FIR on the Adarsh Housing Society scam. A division bench of Justice B H Marlapalle and Justice U D Salvi has given the investigation bureau two weeks to decide whether it will register an FIR.
The court was hearing a public interest litigation (PIL) filed by social activist Simpreet Singh seeking that the CBI should probe the scam. The state government also submitted an affidavit opposing the PIL. The affidavit filed by Ruparao Deshmukh, joint secretary, home department said: “The Adarsh issue falls within the domain of the state government. The provisions of the CBI manual bear this out. There is therefore no jurisdictional basis for handing over the investigation to the CBI.”
Representing the CBI, Additional Solicitor General Darius Khambata informed the court that a preliminary inquiry report has been filed and the inquiry is nearing completion.
    “CBI requires little more time,” Khambata said, and sought four weeks to register the FIR. He said the decision on “who should be added as accused” will be taken at the highest level.
    Justice Marlapalle said it has been over two-and-half months since the issue came up in court. “The media has virtually published your draft FIR with names... What is happening?”
    The judges observed that under the provisions of CrPC, an inquiry is not mandatory before an FIR is registered. “This is contrary to the CrPC. At the investigating officer level, if prima facie material is found, nothing stops him from registering a complaint.” Khambata said the CBI wanted to move in a “measured” manner. “Perhaps we are being extra cautious but in a matter of this magnitude and sensitivity it is not asking too much,” he argued. Justice Marlapalle said that the nation is talking about Adarsh.
Not sniffing around for a big guy to catch, says Jairam: Under attack within and outside the government for his aggressiveness on green issues, environment minister Jairam Ramesh said his actions were in response to the representations from various organisations. “I can challenge my critics to point out one example that I have taken (decision) my own. Even Adarsh was in response to a demand from a section of society. I am not sniffing around for a big guy to catch,” he said, adding, “My actions are not suo motu actions they are response to the representations I receive from different organisations." PTI