Officials say investigating agency has to tread cautiously as the alleged culprits have covered their tracks well

Though the Bombay High Court has pulled up the Central Bureau of Investigation (CBI) for not filing an FIR in the Adarsh housing scam, the investigating body says it has its own constraints, and has been treading cautiously in the probe.

According to sources, the CBI cannot do a flawed job since it is such a high-profile case, and also because it involves both the Central and the State governments. The CBI took up the enquiry only at the behest of the Ministry of Defence.


The Central Bureau of Investigation has been treading cautiously in the investigations related to the Adarsh scam

The CBI had an unenviable task, as it had to deal with multiple agencies and there was not even a clear title to the land, officials say.

"There are certain procedures to be followed while enquiring into the case. Besides, the alleged change of hands of the land involved the Defence Ministry and the state government," said a CBI official.

"We cannot just file an FIR and allege that a certain official did this and a certain official did that. Whatever officials of the state government did was within their powers.
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If we allege that there was a certain motive to the act, then we have to prove conclusively that their acts were wilful and also prove the digression in their acts in their official capacity."

What could be a worry for the CBI is the fact that the officials, whose acts have now come under scanner, have covered the tracks well by not leaving any loopholes.

"We cannot allege that a certain state government official took a decision for some benefit without understanding whether that official had some other compulsion.

It could also be a directive from the superiors or from a minister.

Besides, the state has now opposed the enquiry by the CBI claiming its agencies can enquire into the alleged scam," he said.

FIR in 15 days
The Bombay High Court has asked the CBI to take a decision on filing an FIR in the Adarsh scam within 15 days .