MoD: CBI has clear jurisdiction to probe case
The MoD also stated that the finding in the report of the state government-appointed judicial commission that the title of the land on which the contentious highrise stands belonged to the state government hasn’t been accepted by it. The ministry contended that an inquiry panel does not have the power to determine the owner of the title of the land.
An affidavit filed by Major General Deepak Saxena, Chief of Staff (Maharashtra, Gujarat and Goa area), Indian Army, states: “...the belated attempt to scuttle the probe almost completed by the CBI is illegal and with mala fide intention”.
Annexing a number of orders passed by the HC in a group of PILs filed in relation to the scam, Saxena said: “If the stand now sought to be taken by the state of Maharashtra and the Adarsh CHS were to be taken cognisance of, it would mean that the various orders passed by the Division Benches of this honourable court would be set aside.”
Days before the CBI filed its chargesheet, the state and Adarsh society had contended that the agency did not have the jurisdiction to investigate the alleged scam as the state had made no request to them nor had there been a court direction for the
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