Adarsh scam: Invoke Benami Act,says HC

“Everyone seems to have forgotten about this legislation. Why is Section 4 (of the Act) not in the FIR?” Justice Marlapalle asked.

The Benami Transactions (Prevention) Act,1988,gives the investigating agency the power to confiscate property acquired under a benami transaction.

“If this Act is invoked,they (CBI) will have more powers. You will have to amend the FIR and invoke Section 4,” Justice Marlapalle said. Section 4 of the Act refers to the prohibition of the right to recover property held benami.

Accepting the court’s suggestion,additional solicitor general DJ Khambata said the FIR would be amended to include provisions of the Act.

“Invoking this Act will strengthen the investigating agency to the extent that they will have the power to confiscate the property,if found to be benami. The property cannot be confiscated under any section of the IPC (mentioned in the CBI’s FIR). This legislation,however,has been very rarely used,” Khambata said.

In 2009,Union Law Minister Veerappa Moily had said the immediate implementation of the Act was among the changes proposed by the UPA government to check corruption among government officials.

“In this case,there is a large number of reserve quota. Every membership needs investigation. A flat in south Mumbai is not affordable for some driver or conductor who has retired in a remote place in Maharashtra,” Justice Marlapalle remarked.

Arguing for social activist Simpreet Singh who had filed a petition seeking a CBI probe,advocate YP Singh told the court the CBI’s FIR did not name former CM Vilasrao Deshmukh in whose tenure the irregularities took place.

“How will investigation reach its logical end if such big names are not in the FIR?” Singh said.

CBI to probe missing documents

Observing that there is a direct nexus between the documents pertaining to the deletion of reservation for a road and CRZ clearance for Adarsh society that went missing in November last year and the scam,the Bombay HC on Thursday transferred the probe from the Crime Branch of the Mumbai Police to the CBI. The HC said that the transfer did not reflect on the abilities of the Crime Branch.