This order means that the special trial court will have to decide on taking cognisance of the chargesheet filed against Chavan, one of the 13 accused in Adarsh Housing Society criminal conspiracy case.
Chavan's counsel Amit Desai contended that the order ought to be recalled as principles of natural justices were not followed on certain aspects which are reflected in the order. Justice M L Tahaliyani who had dismissed the CBI plea heard Chavan's petition for recall of his order. He heard arguments at length and on their conclusion on Tuesday had reserved it for orders.
Desai cited various Supreme Court judgments to plead Chavan's case. Earlier last December, the HC granted some relief to Chavan by staying its order again. Chavan's plea is that he was not heard on several points and that given the fact that the governor had declined to grant sanction to prosecute him and the trial court has yet to take cognizance of the CBI chargesheet against him, his prosecution ought to cease.
The order, which Chavan wanted recalled, was passed by justice Tahaliyani on a revision application filed by the Central Bureau of Investigation (CBI) which had sought to drop Chavan's name as an accused on the grounds that there was no sanction to prosecute him.
Justice Tahaliyani said he would hear Chavan but added that there was a remedy in law under which he (Chavan) can go to the Supreme Court against the order.
The Central Bureau of Investigation (CBI) had in 2012 chargesheeted 13 persons, including Chavan for conspiracy and misconduct under the Prevention of Corruption Act, for their role in getting land allotted and plans passed for the 31-storey Adarsh Housing Society building in Cuffe Parade, near the defence area, where prominent politicians and bureaucrats or their families were allotted flats at concessional rates.
http://timesofindia.indiatimes.com/followceleb.cms?alias=CBI,Ashok Chavan,Adarsh scam,Adarsh Housing Society
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Bombay HC refuses to recall order dismissing CBI plea to drop Ashok Chavan's name as accused in Adarsh case
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