Refusing to accept the contention of the Maharashtra government that it was not mandatory on it to table the Adarsh inquiry commission report, the Bombay High Court today directed the government to say whether or not it is going to table the report in the ongoing winter Assembly.
A division bench of Justices V M Kanade and M S Sonak was hearing a petition filed by Maharashtra BJP seeking a direction to the government to table the report before the legislature.
Government pleader G W Mattos today sought dismissal of the petition on the ground that under section 3(4) of the Commission of Inquiry Act it is not mandatory on the state government to table the report.
Relying on a judgement passed by the Andhra Pradesh High Court, Mattos said the petition filed by the BJP was not maintainable. "Apart from this, preparing an action taken report is a stupendous job which will take a lot of time," Mattos said.
The bench, however, observed that the petition was maintainable. "Whether or not it is mandatory for the government to table the report we will consider later but first tell us if the government plans to table the report in the ongoing winter session," Justice Kanade said.
The government will have to inform the court on this tomorrow.
The petition, filed by BJP MLA Yogesh Sagar and party spokesperson Atul Shah, alleged a conspiracy behind the government's reluctance to make public the report and that it was trying to bury the matter.
