‘Ex-SRA chief ’s case out of ACB purview’

In a temporary reprieve to Vishwas Patil, the former Slum Rehabilitation Authority (SRA) chief, the Bombay High Court on Wednesday directed the Anti-Corruption Bureau (ACB) not to file a case against him and his wife.

A division bench of Justice Rajendra Savant and Justice Sandeep Shinde heard the plea moved by Patil and his wife Chandrasena.

The couple has challenged the orders of a special ACB court that had ordered the anti-graft agency to register a FIR against Patil, his wife and developers Ramji Harakhchand Shah and Rasesh Babubhai Kanakia. The special court had passed these orders in response to a complaint made by Malad resident Hiten Yadav. He has alleged that Patil and the three others conspired to hand over a large government area as free sale plot to developers for a luxury project.

The special court had directed the ACB to register a case under relevant sections of the Prevention of Corruption Act and the Indian Penal Code (IPC).

Amit Desai, the senior counsel who appeared for the Patil couple, cited some amendments that has now made a prior sanction mandatory to prosecute public servants under the IPC. He also informed the judges that even the former public servants are covered under this amendment.

On the other hand, the ACB contended that it can initiate the preliminary inquiry against the Patils and also told judges that a sanction would be taken if there are any offence under the IPC. However, the judges agreed to Desai’s arguments, who argued that the ACB cannot decide on this issue. The judges were of the view that the issue raised in the petition, require ‘exhaustive’ hearing and accordingly posted the matter for further hearing on September 8.

The judges were of the view that the issue requires ‘exhaustive’ hearing and posted the matter for Sept 8