The agency informed the Bombay High Court that there is no evidence to suggest that Shinde during his tenure as Maharashtra Chief Minister abused his position as a public servant.
This was stated by the probe agency in an affidavit filed by it in reply to an application submitted by social activist Pravin Wategaonkar seeking that Shinde be included as an accused in the case, as he allegedly owns benami flats in the plush 31-storey Adarsh building in south Mumbai.
"CBI does not feel it legally necessary to name Sushilkumar Shinde as an accused person in the ongoing investigation being carried out by it," the affidavit states.
According to Wategaonkar's application, Shinde had suggested inclusion of late Major N W Khankhoje as a member of the Adarsh society. Former MLC Kanhaiyalal Gidwani had deposed before the Adarsh commission that Shinde had asked for inclusion of Khankhoje as member.
"Khankhoje's membership may have been pursued by K L Gidwani but it cannot be confirmed as Gidwani has passed away. The CBI charge sheet states that civilian members in the society were included at the instance of Gidwani," the affidavit reads.
"Investigation conducted by CBI does not reveal any family relationship between Khankhoje and Shinde. There is nothing on record to substantiate deposition made by Gidwani to the commission that Khankhoje was included by Sushilkumar Shinde," the affidavit filed by K Babu, senior CBI official, states.
"There is no evidence coming to light during investigation to suggest that Shinde abused his position as public servant for the benefit of someone from Khankhoje family in connivance with the office bearers of Adarsh," the affidavit states.