Wednesday, 29 April 2015

ACB submits second report in probe against Chhagan Bhujbal

MUMBAI: The Bombay high court on Wednesday said the Anti Corruption Bureau (ACB) is free to file an FIR if it comes to any prima facie conclusion in the course of its ongoing probe into allegations of kickbacks in contracts awarded by NCP MLA Chhagan Bhujbal when he was Maharashtra's Public Works Department (PWD) minister and allegations of "money laundering to convert that ill-gotten money".

The ACB submitted its second sealed status report of the probe before a bench headed by Chief Justice Mohit Shah on Wednesday in a sealed cover. The bench perused the report and said there appeared sufficient preliminary material for the probe to continue. Special counsel for the investigation agency Ashutosh Kumbhakoni said the inquiry would continue and a final report on two issues—the first and third—from close to a dozen being inquired, would be submitted in June and the rest later.

The court was hearing a public interest litigation (PIL) filed by Anjali Damania and Preeti Menon, both leaders of Aam Admi Party (AAP) who alleged that Bhujbal ought to be probed for acts of money laundering. Damania argued herself on Wednesday and sought speedier results.

In one case the allegation, backed by bank statements, was that an amount of Rs 82 crore was put by a "favoured contractor" into the bank account of a private company where Bhujbal or his family members were directors.

Bhujbal, who was deputy CM of Maharashtra from 1999 to 2003 and then from 2008 to 2010, was PWD minister in the erstwhile Congress-NCP government which was defeated in October 2014 assembly polls.

Looking at the "seriousness of allegations'' against Bhujbal, a bench of Chief Justice Mohit Shah and Justice B P Colabawalla had in December 2014 directed constitution of a special inquiry team (SIT) to comprise the director of the Enforcement Directorate, New Delhi and director general of the Anti-Corruption Bureau (ACB) in Maharashtra.

Anil Anturkar, counsel for the petitioners had earlier alleged that as cabinet minister, Bhujbal had given contracts for various projects including a multi-crore furniture contract at Maharashtra Sadan in Delhi, the redevelopment of MIG Colony in Bandra (East) where top builders got contracts, and the furnishing of High Mount guest house in Mumbai.

Bhujbal's counsel S G Aney, his son's counsel Prasad Dhakephalkar, and Anil Sakhare, who appeared for a contractor, had also earlier argued that the PIL was politically motivated and "without foundation", and anyway no efforts were even taken to follow the law before directly approaching the HC, which cannot bypass procedures and direct filing of an FIR straightaway. "The money transactions can be explained to the ACB," said Sakhare. Bhujbal in his reply denied all allegations as "false and bald."

The court took into account that "for over a year no action was taken" and it was "only after filing the PIL that the state wrote to the ACB." The HC had observed earlier that, "we find that a prima facie case has been made out.'' And said that a SIT was appointed to ensure that the open inquiry to be conducted by the ACB into a large number of issues does not result into unnecessary and unreasonable delay in its completion.'' The SC had confirmed the SIT formation to probe against Bhujbal.

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