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Former chief minister Ashok Chavan,one of the main accused in the Adarsh Housing Society scam,on Monday filed an application in Bombay High Court seeking the quashing of the FIR filed against him by the CBI on January 29,2011.
This is Chavans first application seeking relief in the case that led to his resignation as CM in November 2010. He argued along the same lines as that of Adarsh Housing Society and the state government that the CBI has no jurisdiction to investigate the case.
The probe and the FIR being ex-facie without jurisdiction are illegal,arbitrary,unreasonable,unjustified,unconstitutional and an infringement on the life and liberty of the applicant without following the due procedure of law, Chavans application says. The allegations made in the FIR are false,malafide and motivated,it says,and that his (Chavans) inclusion in the FIR is part of a larger political controversy to keep (him) away from public affairs and politics.
Refuting allegations that he had included civilians as members of the society,Chavan,who served as revenue minister in 2000,said the society had,in 1999,itself decided the to induct civilians.
Three of Chavans relatives were allegedly allotted apartments in the 31-storey residential tower in Colaba. He denied any wrongdoing. In the first approved list there were no relatives of the applicant, the application said. Also,the function of allotment of land and approval of membership was with the chief minister and not with the revenue minister, Chavan has argued. The chief minister then was Vilasrao Deshmukh. There was no expedition in the process of allotment of land after the alleged induction of civilian members as alleged in the FIR in as much as the allotment of land took (place) on July 9,2004 nearly four-and-a-half years from the time the society applied to the CM on February 7,2000, he said.
Chavan said he was not a party in the proceedings before the HC,but after reading media reports,he had learnt that there was an apparent lack of jurisdiction of CBI. The court is likely to hear the plea on Tuesday.
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