A public interest litigation filed in the Bombay high court on Friday urges that union home minister Sushil Kumar Shinde – who has formerly held the post of chief minister of Maharashtra – be made an accused in the Adarsh co-operative housing society scam. The litigation states that the former chief minister owns a benami flat in south Mumbai’s controversial society.

In other words, this means that Shinde is the real owner of a flat but it is held in some other person’s name.

The public interest litigation filed by social activist Pravin Wategaonkar, therefore, seeks that Shinde’s name be added as an accused in a case registered by the Central Bureau of Investigation, the country’s probe agency.

Wategaonkar’s application states that Shinde had suggested that Major N Khankhoje be included as a member of the housing society. This was also stated by former legislator Kanhaiyalal Gidwani during his deposition before the Adarsh Commission probing the housing scam.

Shinde had, in his deposition before the same commission, stated that when the Adarsh file had come to him for clearance, a verification process carried out by the district collectorate and the state revenue department showed that only 20 of the society’s 71 members had been found to be ‘eligible’ as per criteria while the eligibility of the other 51 needed to be rechecked.

Since Major Khankhoje was not financially independent, he was found to be ineligible for membership.

The late major’s son, Captain Kiran Khankhoje, had told the commission that when his father applied for Adarsh society’s membership, he (Kiran) was to make all payments.

Captain Kiran has further said that his father’s will does not mention anything about the Adarsh flat.

In the light of these facts, Wategaonkar has now sought that the enforcement directorate probe the money trail in respect of payments made by/on behalf of late Major N Khankhoje in respect of his flat to Adarsh society.

“This [probe by the enforcement directorate] will reveal the true owner of the flat in the society,” states Wategaonkar’s application.

The application is likely to come up for hearing in the high court on July 8.