The Maharashtra government on Monday argued in the Bombay High Court that the Central Bureau of Investigation (CBI) did not have the jurisdiction to investigate the Adarsh Housing Society scam.
The Bombay High Court on Monday started hearing the Adarsh scam.
Maharashtra government´s counsel Anil Sakhare argued the CBI has no jurisdiction to investigate the scam as it has not been assigned to do it by the state government or the high court.
A division bench of the court comprising of justices S A Bobade and Mridula Bhatkar asked Sakhare to file an affidavit in connection to the matter mentioning that the CBI was not given the consent by the state government to investigate the scam.
"A judicial commission has already submitted a report which says the land where the Adarsh building stands belongs to the state government and not the defence ministry. Hence CBI has no jurisdiction to investigate the case," Sakhare said.
"Under the Delhi Police Special Establishment Act under which CBI has been formed, the agency can probe a matter only if the state government or the high court hands over case to them," Sakhare said.
Counsel Shekhar Naphade, who appeared for the Adarsh society, also said the national probe agency did not have the jurisdiction to investigate the scam.
The court ordered Naphade to file an application in connection to the case.
The CBI told the court the chargesheet will be submitted within 10 days.
The next hearing in the case will take place on July 4.
Sucked into the controversy over allotment of flats in the Adarsh Society meant for Kargil War heroes´ families to a clutch of bureaucrats and politicians in Mumbai, several politicians, including former Maharashtra chief minister Ashok Chavan, have lost their jobs or are facing probe.
The 30-storey apartment, housing many top level defence officials, was built on a disputed army land at Colaba and it is alleged that the flats meant for the families of the Kargil martyrs were allotted to top defence officials and kins of politicians.