Tag Archives: bombay high court

Adarsh case report on 12th, ED exempted

MUMBAI: After pulling up the Enforcement Director (ED) for inaction in the Adarsh land scam last week, the Bombay High Court on Monday exempted him from personally appearing for the next hearing. The court summoned the Special director to personally appear on 12th March and submit the status report stating what steps have been taken in the probe.

On March 28th the court termed the ED as a ‘mute spectator’ adding that, “There is a serious lapse on the agency’s part …It reflects a sorry state of affairs.” The court was hearing petitions that sought court’s orders to the ED to probe money-laundering offenses and ordered the ED to be personally present at the hearings. The investigating agency later filed an application seeking the court to modify its order and permit the special director or joint director to appear before it on given date.Senior Counsel RV Desai appearing for ED told the court that the special director or joint director would appear before the court and inform it about the probe.

“The Special Director is a higher official. We summon him along with a status report detailing what steps have been taken or proposed to be taken by ED against erring persons in connection with money laundering,” Justice Majumdar said. “CBI has found several members have purchased flats through benami transactions. It is ED’s job to look into this and take necessary action,” Justice Majumdar added. Mr Desai told that court that a special team has been formed under the supervision of the joint director and the agency is in the process of starting its investigation. However the court reminded the counsel that “people have instilled faith in the court…another SIT should not mean more time or delay.”(Eom)

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courts pull up CBI, ED for lapses in Adarsh scam investigation

MUMBAI: The Bombay High Court, on Tuesday, slammed the Central Bureau of Investigation (CBI) and Enforcement Director (ED) for lapses and delay in the Adarsh Society scam’s investigation.

The court questioned CBI about the delay in investigations that have been going on since January last year, “Why have you not finished the investigation till now? It is a matter where many big names are concerned. You cannot let people question your credibility,” the court said. The agency has been ordered to file a status report on its investigations at the next date of hearing. “If we are satisfied with the status report we will grant you more time to investigate, however if it seems that you are inactive then a special team would have to be formed to probe the matter,” the court stated.

A division bench of Justice P.B. Majmudar and Justice R.D. Dhanuka also summoned the ED to appear before it in the next hearing, saying that ‘he had not moved an inch to probe the money-laundering offences by some members of the Adarsh Society’. The court questioned why the ED office did not probe the issue independent of CBI’s investigation. “Why are you depending on the CBI? You are a separate agency and can conduct probe independently,” Justice Majmudar said.

Terming the ED as a ‘mute spectator’ the court said, “There is a serious lapse on the agency’s part …It reflects a sorry state of affairs,” the bench observed. The court was hearing petitions filed by social activists Simpreet Singh and Pravin Wategaonkar that sought orders to the Enforcement Director (ED) to probe money-laundering offences and also court’s intervention to supervise the investigations into the scam.

The CBI lawyer, Mandher Goswami stated that the delay was caused because several of the 104-member housing society transactions were benami and the agency needed time to go through the documents of all transactions. The court ordered CBI to produce the names and complete details in the interim report on 12th March. The court also asked why the Maharashtra government was not cancelling the allotments to members who bought benami flats in the society. Public prosecutor Pandurang Pol informed the court that the government would look into the matter after the CBI report is submitted to them

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Tapuriah’s bail plea turned down

The Bombay High Court, on Friday, rejected the bail plea of Kashinath Tapuriah, who was arrested along with Hasan Ali Khan, Pune-based businessman, in a multi-crore money laundering case.

In his plea, Tapuriah claimed that he was implicated in the case and it was not the contention of the Enforcement Directorate that he held various bank accounts abroad or that he had received proceeds of alleged crime.

Justice R.P. Sondur Baldota dismissed the plea and observed that he was accused of a serious offence and a prima facie case had been made out.

 

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