Lawyers of those arrested in the Adarsh case on Thursday contended in the court that the CBIs investigation of the scam was questionable as the judicial commission report tabled in the legislature had claimed that the land belonged to the state government.
The Special CBI court was hearing the bail application moved by five of the nine arrested in the case. Material mentioned by the CBI has all been seized. There are no witnesses to these documents on which the CBI has based its investigations,so why does the agency require them behind bars, argued Ashok Mundergi,lawyer of former municipal commissioner Jairaj Phatak.
While the CBI has maintained that the investigation has been at a crucial stage and that the accused could influence the investigations if let out on bail,special public prosecutor Ejaz Khan told the court that the panels report has no bearing on their investigations.
A few people getting together and building a society can not be termed as a criminal act. Even if some officer or a bureaucrat in the process extended his limit and favoured them,can it be termed as a criminal act, argued defence advocate Shrish Gupte appearing for ex- MLC Kanhaiyalal Gidwani.
The CBI has so far arrested nine in the case Major General (retd) A R Kumar,T K Kaul,Brigadier (retd) M M Wanchoo,Dr Pradeep Vyas,R C Thakur,P V Deshmukh and Ramanand Tiwari besides Gidwani and Phatak. The case has been adjourned till April 21.