Housing scam: HC notice to prosecutor for false statement
27 Dec 2013 5:19 AM IST
The Bombay High Court has issued notice to a special public prosecutor appearing in a multi-crore housing scam case against former state minister and Shiv Sena MLA Suresh Jain, for making a false statement that the Maharashtra government has decided that there is no need for sanction to prosecute Jain.
Prosecutor ND Suryawanshi had in May this year told a sessions court in Jalgaon that the state government has come to a definite conclusion that there is no need for sanction to prosecute Jain in the 2006 Jalgaon mass housing project scam. Based on the statement, the sessions court took cognisance of the case and framed charges against Jain and other accused.
Jain approached the Aurangabad bench of the Bombay High Court challenging the sessions court order taking cognisance.
Jain’s lawyers Majeed Memon and Subhash Jadhav submitted to the High Court a letter received from the state government in response to a query made by Jain under the Right to Information Act.
‘According to the letter dated December 9, the question of sanction to prosecute Jain is pending before the state government and no decision has been taken on the issue yet,’ Jadhav said. After perusing the letter, Justice Abhay Thipsay on Monday issued notice to Suryawanshi and directed him to file an affidavit stating on what basis he made such a statement before the sessions court.
Prosecutor ND Suryawanshi had in May this year told a sessions court in Jalgaon that the state government has come to a definite conclusion that there is no need for sanction to prosecute Jain in the 2006 Jalgaon mass housing project scam. Based on the statement, the sessions court took cognisance of the case and framed charges against Jain and other accused.
Jain approached the Aurangabad bench of the Bombay High Court challenging the sessions court order taking cognisance.
Jain’s lawyers Majeed Memon and Subhash Jadhav submitted to the High Court a letter received from the state government in response to a query made by Jain under the Right to Information Act.
‘According to the letter dated December 9, the question of sanction to prosecute Jain is pending before the state government and no decision has been taken on the issue yet,’ Jadhav said. After perusing the letter, Justice Abhay Thipsay on Monday issued notice to Suryawanshi and directed him to file an affidavit stating on what basis he made such a statement before the sessions court.
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