In another setback to former Maharashtra chief minister Ashok Chavan, the Bombay high court has dropped a petition filed by Chavan to recall its earlier order which refused to give a clean chit to him on Adarsh Housing Society criminal case.
This directive implies that the special trial court will have to decide on taking cognizance of the chargesheet filed against Chavan, one of the 13 accused in Adarsh Housing Society criminal conspiracy case.
Chavan’s counsel Amit Desai maintained that the order should be recalled as it was devoid of principles of natural justices on certain aspects which are reflected in the order. Justice M L Tahaliyani was hearing Chavan’s petition for recall of his order. He heard contentions at length and on their conclusion on Tuesday had reserved it for orders.
Desai used various Supreme Court judgments to plead Chavan’s case. Earlier last December, the HC provided some relief to Chavan by staying its order again. Chavan in his plea said that various points of his were not heard and given the fact that the governor refused to grant sanction to prosecute him and the trial court has yet to take cognizance of the CBI chargesheet against him, his prosecution ought to cease.