Mumbai: The CBI Friday told the Bombay High Court that it was not within its purview to go into Maharashtra governor`s refusal to sanction prosecution of former Chief Minister Ashok Chavan in the Adarsh Housing society case.
In an affidavit, CBI said the governor had refused to grant sanction to prosecute Chavan, but the issue was outside its purview.
The affidavit came in response to a PIL filed by former journalist Ketan Tirodkar, seeking prosecution of Chavan and some others in Adarsh case.
The division bench headed by Justice P V Hardas asked Tirodkar to file a rejoinder by August 8.
According to the PIL, there was no need for a sanction to prosecute Chavan. However, CBI argued that for offences under Prevention of Corruption Act, no sanction was needed as Chavan had ceased to be the chief minister when the charge sheet was filed; but for offences under the IPC such as cheating and conspiracy, sanction was required from competent authority (Governor in Chavan`s case).
The court also sought a report on probe into "benami" (proxy) purchases of flats in the society. In many cases, people, as proxies for prominent political leaders, allegedly bought flats in the multi-story Adarsh society, the PIL alleged.
The society allegedly came up in violation of various civic and environmental rules. The CBI charge sheet last year had named Chavan and 12 others as accused.
Chavan is accused of granting illegal concessions to the society in return for two flats for his relatives.
The CBI affidavit, while seeking dismissal of PIL, said that investigation was over and charge sheet was filed against R C Thakur and 12 others on July 4, 2012. Further, supplementary charge sheet was also filed under Benami Transactions (Prohibition) Act against 21 benami flat holders and 24 financers.