The Bombay high court on Monday come down heavily on the Central Bureau of Investigation once again for not initiating significant action against accused in Adarsh society scam despite gathering sufficient evidence against them.
A division bench of Justice Mujumdar and Justice RD Dhanukar questioned the CBI, "Why haven't you arrested anyone despite gathering incriminating evidence against the accused persons?"
'If you (the CBI) don't go ahead and make the arrests we will be constrained to summon the director of the CBI," they added.
The court also accepted the names of eight persons who, according to the CBI, have 'benami' flats in Adarsh society. The names were submitted to the court in a sealed envelope. The court perused through the contents of the sealed cover and asked the CBI, why no action has been taken against them.
Justice Majmudar, without revealing the names, hinted that some of the eight persons named by the CBI are serving government officials. "The fact that you have zeroed in on these names means that you have evidence against them. So what action have you taken against them," he asked.
The court slammed the CBI for not intimating respective departments of the serving government servants, who were named as accused in the case. It directed the CBI to inform the government departments and share details in a sealed envelope with those departments recommending departmental inquiry against the accused.
To ensure a smooth pan-agency investigation, the court has directed that a meeting of top officials of the CBI, the income tax department and the Enforcement Directorate be held to share, exchange and deliberate on the information. The court has also asked the CBI to share information, specific to scheduled offences, with the ED.
To all the criticism on the lack of arrest in the case, the CBI informed the court that specific sanctions are required to execute the arrests. However, the CBI had no reply to a question posed by the court, "Have you even asked for a sanction on anyone's arrest?"
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