Maha govt rejects Adarsh panel report indicting former CMs; diplomat Devyani found ineligible for flat ownership
Nagpur: Maharashtra government has rejected the report of the judicial commission of inquiry on the Adarsh scam it tabled in the Legislative Assembly on Friday which indicted several politicians including three former Chief Ministers for 'blatant violations' of statutory provisions.
Devyani Khobragade, the Indian diplomat who is at the centre of a diplomatic row with the US, is one of the 25 allottees who have been found ineligible to own a flat in the controversial Adarsh Housing society by the judicial panel.
According to Maharashtra government rules, an official applying for a flat under a government quota has to give a signed affidavit stating that they do not own any other flat.
Devyani had an apartment in Oshiwara locality in the city which too she had got under the government quota. Her father Uttam Khobragade, a retired IAS officer, was alleged to have facilitated extra floor space index (FSI) to the upscale 31-storey Adarsh society in Colaba by transferring an adjoining Brihanmumbai Electric Supply and Transport Undertaking (BEST) plot to the society.
Uttam Khobragade has, however, denied any wrongdoing in the scam. "We purchased the flat under the reserved quota after paying the correct price. Why should we return the flat," he asked.
Apart from the flat in Adarsh society, Devyani has 10 more immovable properties, according to her property returns for year ending December 31, 2012, available on the Ministry of External Affairs website. The collective present value of seven of these properties has been shown at little over Rs 78 lakh, while that of the flat in Adarsh building is Rs 90 lakh.
The value of three properties has not been mentioned in the return. The purchase of the flat in Adarsh society, according to the return, was made from proceeds from the sale of her flat in Meera Cooperative Housing Society at Oshiwara.
Seven of the properties including land have been shown as inherited from her father of given by him as gift. Her annual income from five of the 11 properties has been shown at Rs 1.26 lakh. While eight of these properties are in Maharashtra, two others are in Ernakulam district of Kerala and one in Gautam Buddha Nagar in Uttar Pradesh.
25 of 102 society members 'ineligible'
The report of the 2-member commission headed by retired high court judge J.A. Patil came down heavily on those in authority describing the scam as a 'bad precedent' which reflected 'greed, nepotism and favouritism' by those associated with it.
The panel found 25 of the society's 102 members ineligible and 22 cases of benami purchase of flats.
The report said Adarsh society enjoyed political patronage of former Chief Ministers, Vilasrao Deshmukh, Sushil Kumar Shinde and Ashok Chavan, former Revenue Minister Shivajirao Nlengekar Patil, former Minister for Urban Development Sunil Tatkare and former Minister of Urban Development Rajesh Tope.
Ashok Chavan was the only Chief Minister charge sheeted in the scam by the CBI but Governor K. Sankaranarayanan had refused sanction to the investigative agency to prosecute him a few days ago.
The beneficiaries included politicians across the spectrum and their relatives.
Those found ineligible for ownership of flats included former Maharashtra Assembly speaker Babasaheb Kupekar of NCP, senior Indian diplomat in US Devyani Khobragade, former Shiv Sena MP Suresh Prabhu and three relatives of former Chief Minister Ashok Chavan, who had to step down after the scam surfaced.
Chief Minister Prithviraj Chavan said the decision on rejection of the findings of the inquiry commission was taken by the Cabinet 'in the interest of the people'. He, however, refused to elaborate on how the Cabinet's decision was in larger public interest.
The much awaited report, which was submitted to the state government on April 18 this year was tabled in the House on the last day of the Winter Session today. The interim report was submitted to the state government on April 13, 2012 and the Action Taken Report (ATR) was tabled on the floor of the House on April 17, 2012.
"Evidence clearly indicates that it is neither ideal (Adarsh) nor role model but a bad precedent. Adarsh is a saga of ideal co-operation but it is a shameless tale of blatant violations of statutory provisions, rule and regulations," the report said.
It expressed 'deep regret' over the 'greed, nepotism and favouritism' involved in the scam.
"It reflects greed, nepotism and favouritism on part of people who were in one way or the other associated with Adarsh. It is sad story of unscrupulous greed of some persons closely connected with the society.
"Some persons not satisfied with the allotment of one single flat have tried and succeeded in securing flats for their nears and dear ones. They went to the extent of benami transactions in violation of provisions. That such an episode should take place in Maharashtra is a matter of deep regret," it said.
The judicial panel, however, acknowledged the state government's ownership of the land and said it did not belong to Ministry of Defence, defence personnel nor was it reserved for Kargil martyrs or war veterans.
Ashok Chavan, during whose tenure the scam surfaced, was among 13 people who were charge sheeted by CBI in connection with the case.
Chavan had challenged his inclusion in the charge sheet, saying no sanction for prosecution was taken from the Governor which was countered by CBI which argued since he was a former minister at the time of being charge-sheeted, there was no need for sanction.
The court had, however, directed the agency to get sanction for Chavan's prosecution which was denied, apparently leaving CBI with little choice but to close the case against him.
CBI had alleged in its charge sheet that Chavan had increased the floor space index of the controversial Adarsh society in return for flats for his relatives.
Chavan had also asked the housing society to take 40 per cent members from civilian category, when it was originally meant only for war veterans, CBI had alleged, adding that Chavan played a key role in the scam.
Chavan's mother-in-law Bhagvati Sharma, sister-in-law Seema Sharma and father-in-law’s brother Madanlal Sharma have flats in the society. All of them have been held ineligible by the judicial panel to own flats in the society.
CBI had charged Chavan and 12 others for criminal conspiracy, cheating and criminal misconduct under Indian Penal Code and also under Prevention of Corruption Act.
Next: Maha Cabinet trying to bury Adarsh housing scam, alleges BJP
Maha Cabinet trying to bury Adarsh housing scam, alleges BJP
New Delhi/Mumbai: BJP on Friday hit out at the Maharashtra Cabinet accusing it of trying to bury the truth in the Adarsh Housing scam in the manner the JPC allegedly did in the 2G spectrum scam and targeted Chief Minister Prithviraj Chavan.
"The JPC buried the 2G scandal. The Maharashtra Cabinet buries the Adarsh fraud. (But) Can truth be ever buried?" Leader of the Opposition in Rajya Sabha Arun Jaitley said on Twitter.
Jaitley's comment came after the Cabinet of the Congress-NCP government in Maharashtra rejected the report of a judicial commission, which was probing the Adarsh scam that had led to the resignation of then Chief Minister Ashok Chavan in 2010.
Ashok Chavan's predecessors, late Vilasrao Deshmukh and Union Home Minister Sushilkumar Shinde, were questioned by the judicial commission in the case.
In the 2G spectrum case, BJP has alleged Congress altered the report of the Joint Parliamentary Committee(JPC) on the scam by removing portions of the dissent note filed by its party members. They had written to Lok Sabha Speaker Meira Kumar asking her not to accept the report.
"The corrupt face of Congress-NCP has been exposed, with the government rejecting the report," Maharashtra state BJP president Devendra Fadnavis told reporters in Mumbai.
"By rejecting this report, Chavan, who was brought to Maharashtra, as a clean person, has shown that he is also a part of this corruption, along with other three former chief ministers who have been named as corrupt by this report," Fadnavis said.
Asked about the BJP's strategy to counter the state government on the Adarsh issue, Fadnavis said, "We are exploring all legal options. We will go to the court against the corrupt and also to the people, because ultimately, after rejection of this report, people know the facts. We will expose Congress and NCP before the people".
The Congress and the NCP seem to have colluded, to reject the Adarsh report, the BJP leader said.
To a query about Maharashtra Governor K. Sankaranarayanan's reported refusal to permit the CBI to prosecute Ashok Chavan for the Adarsh scam, Fadnavis said, "So far, we haven't got any information officially on whether the governor gave permission or not".
"However, if he has indeed not given permission, the BJP will definitely explore all legal options. We will fight till the high court and Supreme Court to ensure that the guilty are punished," he said.
