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This is an archive article published on March 23, 2012

2 IAS officers suspended; HC says probe now on track

Two always after the Central Bureau of Investigation made its first arrests in the Adarsh Housing Society scam,the state government informed the Bombay High Court on Thursday that it had placed two senior IAS officers — then municipal commissioner Jairaj Phatak and Collector,Mumbai City Pradeep Vyas — under suspension.

Two always after the Central Bureau of Investigation (CBI) made its first arrests in the Adarsh Housing Society scam,the state government informed the Bombay High Court on Thursday that it had placed two senior IAS officers — then municipal commissioner Jairaj Phatak and Collector,Mumbai City Pradeep Vyas — under suspension.

Advocate-General Ravindra Kadam said the government had suspended the two officers using its discretion. Justices P B Majmudar and R D Dhanuka said they appreciated the government move.

Later on Thursday,Chief Minister Prithviraj Chavan informed the legislature that the decision to suspend the two officers was taken after a brief correspondence between the CBI and the government. In two letters between March 15 and 20,the government sought additional information from the CBI. The CBI ultimately replied on March 21 with clarifications,after which it was decided to suspend Phatak and Vyas with effect from March 22,said Chavan.

“If somebody commits a mistake in a moment of weakness,there is nothing wrong in accepting it,” Justice Majmudar said. Stating that those involved in the scam should surrender the 31-storey building to the defence ministry,the court said,“There is nothing wrong in change of heart,nothing wrong in surrendering.”

The court said although the charges against those allegedly involved in the scam are not compoundable,some leniency may be shown towards them if they express remorse. “It’s time to reform the character of people. They have not committed murder,they are not hardened criminals… reform is the best thing,” Justice Majmudar said.

“Everyone (involved in the scam) wants money and cars but not at the cost of people,” Justice Majmudar said. “Select some other area. Go beyond Borivali,Dahisar and do what you want.”

Additional Solicitor-General D J Khambata told the court that seven arrests had been made in the case and further investigations are underway. The Income Tax department’s lawyer Suresh Kumar said nine cases are being re-assessed by the department. “Things are now moving in the right direction. It has taken time but it’s all right… one may not say this is the tip of the iceberg,” the court said.

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The court asked why the planning authority (MMRDA) did not ensure that Adarsh Society had a clearance from the defence ministry. “It is a sensitive area…matter of defence of the country. We cannot take it lightly… terrorists have come till the Taj,” the court said.

Khambata said the society had sought the permission from the Defence Estates Officer,who deals on with defence land,and not the defence ministry. The judges asked the MMRDA to inform the court about the permission from the ministry and the CBI to apprise the court of progress in investigations by April 30.

“Why did you form such a society that got everyone into trouble?” Justice Majmudar asked Adarsh Society’s lawyer Saket Mone. “We will be happy if realisation comes and it is returned to defence ministry,” he added.

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