Adarsh scam: Activist moves court after ACB fails to lodge FIR

MUMBAI: An activist has approached a court here seeking it to direct the State Anti Corruption Bureau ( ACB) to register an FIR on the complaint lodged by him last week in connection with the Adarsh Housing Society scam.

Santosh Daundkar had on November 9 approached the ACB seeking to file a complaint against former Principal Secretary of the Urban Development department and current Information Commissioner Ramanand Tiwari, MLC Kanhaiyalal Gidwani and Adarsh Society Secretary R C Thakur.

"The ACB failed to lodge an FIR following which we approached a metropolitan magistrate's court here with a private complaint," Daundkar's lawyer Y P Singh said.

Under section 156 (3) of the CrPC, a magistrate has the power to order an investigation and registration of a first information report (FIR).

As per Daundkar, Tiwari had deleted reservation of an adjacent plot reserved for a BEST deport by misusing his official power. Tiwari's son Onkar owns a flat in the 31-storey building in Colaba in South Mumbai.

"According to the CBI manual, when the number of state government officials in an offence is larger than central government officials, the jurisdiction to take action in the case is with the State ACB," Singh explained.

The court is expected the hear the case on November 29.