The Bombay High Court today nullified a lower court order and refused to remand former Congress MLC Kanhaiyalal Gidwani, who is a prime accused in the Adarsh Housing scam, to the custody of CBI.

Allowing an application filed by CBI challenging the March 26th order of the special CBI court remanding Gidwani to judicial custody, Justice R C Chavan directed the lower court to rethink on the agency's request for further custody.

The special CBI court had declined to extend Gidwani's CBI custody after accepting the defence lawyer's argument that the accused had been already in its custody for ten days in a bribery case related to the Adarsh scam.
On being denied Gidwani's custody to the CBI court in the Adarsh case, the agency moved the high court stating that it could seek the custody of an accused up to 15 days.

Noting that Gidwani was arrested in the Adarsh case only on March 21 and his 15-day police custody was not over, the High Court directed the special court to decide CBI's application for further custody on merit.