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The Central Bureau of Investigation (CBI) Friday submitted an affidavit in the Bombay High Court stating it was not legally necessary to name Union Home Minister Sushil Kumar Shinde as an accused in the Adarsh Co-operative Housing scam.
In reply to an petition filed by activist Praveen Wategaonkar who alleged Shinde had abused his position as a public servant and granted favours to the members of controversial housing society,the CBI said,There is nothing on record show to that Sushil Kumar Shinde insisted on 51 more members by rechecking/substituting ineligible members before possession of the land was to be given to Adarsh Society and which resulted in addition of illegal benami members.
Countering Wategaonkars allegation that Shinde had a personal interest in making Major N W Khankhoje a member of the society in Colaba,CBIs investigation officer K Babu stated that Khankhojes name did appear in the list of August 24,2004,naming 51 members of the society,but Wategaonkars contentions do not depict the true facts in the issue.
Babu stated in his affidavit that Khankhoje,who is no more,had retired from the Army in 1976 and learnt about the upcoming Adarsh Society for defence personnel from Army sources when he applied for membership in 2004. He stated that Khankhojes son Captain Kiran Khankhoje served in the Indian Navy till 1996 and then joined Air India as a pilot.
The entire payment of Rs 95 lakh for the flat has been made from the salary/pension account of Kiran Khankhoje and one payment has been made from the salary account of his wife Devyani Khankhoje,who works as a vice-president in Reliance Group of Companies.
There is no evidence coming to light during the investigation that Shinde abused his position for the benefit of someone from Khankhoje family in connivance with the officer-bearers of Adarsh Society. There is no criminal angle as the membership was proposed within the same family, the CBI stated.
Wategaonkar had pointed to the deposition of former MLC Kanhaiyalal Gidwani on September 25,2012 before an inquiry commission,in which he stated that Shinde had suggested the name of Khankhoje for membership of the society and asked Gidwani to accommodate him.
Khankhojes membership may have been pursued by Gidwani but it cannot be confirmed as Gidwani and Khankhoje have both passed away,according to the CBI.
The CBI chargesheet stated that civilian members in the society were included at the instance of Gidwani and that the probe revealed there was no family relationship between Khankhoje and Shinde. There is nothing on record to substantiate the deposition made by late K L Gidwanì to the commission that the name of N W Khankhoje was included in the list of members at the behest of Sushil Kumar Shinde, the CBIs affidavit stated.
Wategaonkar had also alleged that Shinde had approved the allotment of land for Adarsh Society in his capacity as Chief Minister without seeking cabinet approval. The CBI,however,told the court did not constitute commission of any criminal offence on the part of Shinde. The court is likely to hear the case further on September 23.
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