State government's counsel Anil Sakhare told the court that the CBI did not have the jurisdiction to probe the matter as neither the state government nor the High Court had handed over the investigation to it.
A division bench of justices S A Bobade and Mridula Bhatkar directed Sakhare to file an affidavit stating that the state government had not given its consent to CBI to investigate the scam.
"A judicial commission has already submitted a report stating that the land where the Adarsh building stands belongs to the state government and not the Defence Ministry. Hence CBI cannot come into the picture. Under the Delhi Police Special Establishment Act under which CBI has been formed, the agency can probe a matter only if the state government or the High Court hands over probe," Sakhare argued.
Senior counsel Shekhar Naphade, appearing for Adarsh society, also argued that CBI does not have jurisdiction to investigate the matter. The court directed the society also to file an application on this.
Meanwhile, the CBI, which had assured the court at the last hearing on April 30 that it would file a charge sheet in the case by June 15, today said it would be submitted within 10 days.
"Investigations are at the fag end. Charge sheet will be filed within 10 days," CBI counsel Ejaz Khan told the court after which the bench adjourned the hearing till July 4. More
