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The Bombay High Court on Friday set aside the order of sanction dated February 4, 2016, passed by Maharashtra Governor C Vidyasagar Rao under Section 197 of the CrPC for prosecution of previous Chief Minister Ashok Chavan in the Adarsh scam case under Sections 120 B and 420 of the IPC. A bench of Justice Ranjit More and Justice SS Jadhav was hearing an appeal filed by preceding CM Ashok Chavan challenging the sanction order and held that Governor C Vidyasgar Rao had no jurisdiction to review the previous order by K Sankarnarayanan who had refused sanction brought by the Central Bureau of Investigation.
Senior advocate and noted criminal lawyer Amit Desai argued the case on behalf of previous Chief Minister, who was the petitioner, and Additional Solicitor General Anil Singh showed up for the CBI.
JA Patil Commission Report on Chavan
The report arraigns Chavan as Revenue Minister and former Chief Minister Vilasrao Deshmukh for obliging the Adarsh Co-agent Housing Society by diminishing the proposed width of Capt Prakash Pethe Marg, accordingly making enough space for a plot in the Cuffe Parade zone. The report likewise questions Chavan's approval of non-deduction of 15% recreational ground zone while computing floor space index and furthermore interfaces that to allotment of flats in Adarsh CHS to Chavan's relatives.
No new material against Chavan
Desai contended that review jurisdiction ought to be practiced with extreme alert and if securing new 'evidence' or new essential 'material' demonstrating commission of the offense which can be acceptable as proof had been found by the investigating agency, the prior request rejecting sanction could be checked on. Although, current Governor Rao depended upon Justice JA Patil Commission's report as new material so as to review the prior order passed by ex-Governor Sankarnarayanan, Desai argued that the said report had no evidentiary value and henceforth is neither ‘evidence’ nor 'material'. After referring to different Supreme Court judgments on the issue, the court agreed with Desai's submissions and noted: "The Commission's Report under the Commissions of Inquiry Act, 1952 has no evidentiary value before the civil or criminal Courts. It is just recommendatory in nature. It is opinion of commission based on the statements of witnesses and other material. The above decisions additionally demonstrate that investigating agency may with advantage utilize the report of the commission, in the meantime the report does not preclude the investigating agency from framing an alternate conclusion under segment 169/170 of the Code of Criminal Procedure, 1973. In the light of this, we are of the considered view that report of the Commission can't be said to be material which can be taken into consideration by the sanctioning authority for two reasons; initially, it is the view of the commission based on the statements of the witnesses and other material and; besides it isn't fit for being changed over into evidence before the Courts." The court accepted Desai's contentions that in light of judgment of the Supreme Court in State of Bihar versus Lal Krishna Advani, wherein it was held that non-furnishing of notice under area 8B of the Commissions of Inquiry Act renders the activity non est, the report of the Justice JA Patil Commission is non est and can't be contemplated as notice under segment 8B of the Commissions of Inquiry Act, 1952 was not issued to the solicitor (Chavan). ASG Anil Singh did not debate this, in actuality notice under section 8B of the said Act was not issued to the petitioner.
Final Judgment
The court concluded that despite the fact that Governor C Vidyasagar Rao could have reviewd the earlier order by his predecessor refusing sanction, it could just have been based on new material that can be changed over into proof to be substantiated at the trial stage. However, the JA Patil Commission Report can't be admissible evidence. In this way, the writ petition of was permitted and the order of sanction was put aside.
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