The Adarsh Housing scam of 2010 in Mumbai occurred when Congress leader Ashok Chavan was Maharashtra chief minister. His hand was strongly suspected in media reports as having abetted the massive irregularity. The Justice Patil Commission of Inquiry appointed by the state government also made sharp observations on the CM.
But Mr Chavan was not prosecuted. The CBI, investigating the case, had sought the state governor’s sanction to do so in 2013, but was denied the go-ahead. With BJP at the helm in the state and at the Centre now, the CBI applied for sanction afresh. The present governor obliged on Thursday, unleashing a political storm, with the Congress alleging “political vendetta”. Mr Chavan’s case is that once sanction is refused, seeking it again is not permissible.
Present Maharashtra CM Devendra Fadnavis has said that the CBI’s fresh application for the governor’s sanction was made in the light of new evidence. In this connection he has cited the Patil Commission report. The former CM can go to court on this matter. The court needs to settle two things — one, whether the CBI can seek the governor’s sanction to prosecute a constitutional functionary after its application has been rejected once, and whether this can be an endless process; and two, whether the report of an inquiry commission amounts to a piece of evidence.
At the same time, the Adarsh scam is a matter of high public importance. Perhaps the requirement of the governor’s sanction — or the President’s in a case concerning the Centre — needs to be made more nuanced.
