Law and behold: Diggu and his legal dances

If he was a test match cricketer, Digambar Kamat would have been one of the world’s best opening batsmen. His penchant for waiting it out, defending bouncers by either ducking or playing with a straight bat and without once playing rash shot by making a harsh statement has seen him gibe a whole new turn to the phrase “the long arm of the law”.

Take the Louis Berger case for instance. After the Crime Branch registered a case in July 2017 and made three arrests, Kamat filed for anticipatory bail soon after receiving summons to appear before the CB for questioning.

He had even skipped some sessions of Legislative Assembly probably fearing arrest also as summons were issued through the then Speaker Rajendra Arlekar, in view of the monsoon session underway then.

After succeeding in getting anticipatory bail in the Sessions Court and High Court upholding the order, CB’s application challenging anticipatory bail ran into “tarikh pe tarikh.” On October 26, 2015, the Crime Branch filed a special leave application in the Supreme Court challenging the High Court order, which upheld the lower court order granting him bail. A year later, the Supreme Court dismissed a petition by the Crime Branch seeking Kamat’s custodial interrogation. At this time Kamat simply waited it out, as hearing after hearing got adjourned. In just three-and-a-half months since the special leave petition (SLP) was filed before the Supreme Court (SC), CB has seen six adjournments despite being allotted a date for the final hearing. As a result of the frequent adjournments, CB not only lost time, and probably additional evidence against the ‘prime conspirator’ of the case, it has led to wasted trips to the SC.

From August 5, 2015, when he first filed his anticipatory bail application in the case, he has not been under custody for a period of one and half years, inspite of being identified as a ‘suspect’ and ‘prime conspirator’. Others involved weren’t as lucky. A two-member team of SP Kartik Kashyap and PI Dattaguru Sawant conducted a fast-track investigation which led to arrests of high-profile persons such as former PWD minister Churchill Alemao, JICA Chief Anand Wachasundar and alleged hawala operator Raichand Soni among others.

Seven persons were charged in the case, including the US firm within two months of registering an FIR in July 2015.

In the illegal mining case, Digambar Kamat applied for anticipatory bail, April 24, 2017 in the mining scam investigation involving around 187 leases, District Court grants him ex-parte ad-interim bail. On November 18, he had to move a Special court again seeking anticipatory bail in the case of illegal condonation and got interim bail as the hearing in the case continues.

However, the depositions of three bureaucrats, including a retired Mines Director, could possibly put him in trouble in long term. Adding to his woes, another mines official could also depose before the magistrate in the coming days.

Goa’s former Principal Mines Secretary Rajiv Yaduvanshi, known for his close association with Kamat during his tenure from 2006-11, has alleged that Kamat “personally approved the files.”

In his statement to the magistrate under Section 164 of the code of criminal procedure, the IAS officer recalled the alleged illegalities in granting extension to mining lease, which had expired, even before the set time period. He even accused then Mines Directors J Bhingui and Arvind Lolienkar for ‘advising’ him that decision taking authority was the government in respect to extension and that Directors Mines/Joint Secretary Mines had to only put up a noting on these files that read as “submitted for consideration and decision of government.”

In fact all the files relating to mining leases were brought to the IAS officer by Bhingui and subsequently by Lolienkar while senior geologist A T D’Souza always accompanied them. Yaduvanshi, presently posted as Principal Health Secretary in the Delhi Government, denied he ever functioned from the Mines department in Panjim. So also, all the mines-related records were always under director custody of the Directorate of Mines-cum-Joint Secretary (Mines).

The officer, in his statement also stated that Kamat had given instructions to D’Souza in the presence of Yaduvanshi to put up the files for proposing condonation of delay in filing the application for renewal of mining lease holders as well as their power of attorney holders and other files relating to mining leases ‘by twisting/misinterpreting the law.’

YADUVANSHI ADVISED KAMAT NOT TO GRANT EXTENTION TO LEASES OF M/s Shantilal Kushaldas. THE THEN CM SAID “IT IS WITHIN MY POWER”

In another case, Yaduvanshi stated he advised Kamat, who was incidentally also Mines Minister that it was inappropriate to grant extension to mines leases of M/s Shantilal Kushaldas in T.C.No. 27/58 but it was not heeded to. “He (Kamat) said it was within his power and most of the hearings were held in the office of Kamat. There more than 40 mining cases for which condonation of delay was sought,” he added claiming that one R A Verlekar (then OSD to Kamat) would hold the files ‘in his custody.’

Yet another case involving mine trader Imran Khan has hinted at illegality by the then Congress-led government. Khan, currently on conditional bail is suspected to have been involved in the alleged illegality backed by an ‘influential politician.’

According to SIT, Khan allegedly availed Environmental Clearance in his name whereas Goa State Pollution Control Board found it fabricated and bogus. The mining activity in the Portuguese-era property, originally belonging to Maria Figueiredo was then suspended. In her statement to the SIT, Maria accused Khan of exploiting the property for personal gain claiming that her family was kept in dark about the iron ore activity. She had alleged that Khan and his brother mislead her about the actual use of the mining lease.

Yaduvanshi claimed in this case too, he was told to expedite the matter of transferring the lease in the name of Maria positively. Accordingly, one Shyam Sawant was told to put up the file.

Bhingui, who is also under police radar, has also deposed against Kamat claiming he was forced to work under ‘political pressure’ for condoning the delay of mining lease. In his statement to the magistrate this month, the retired officer alleged political pressure for illegalities. Assistant Senior Geologist Shobana Rivonkar too deposed before magistrate citing the same reason.

Bhingui and Rivonkar were earlier summoned by the Special Investigation Team for questioning in the illegal condonation probe wherein mine owner Prafulla Hede is also being investigated. “In their separate deposition, both alleged political pressure for granting condonation, despite in the know it was against the law. They were asked to put favourable notings on files as per wishes of the politician,” an officer said. It is now learnt that mines official Shyam Sawant is also expected to depose before the magistrate shortly.

The battle is long drawn out and there’s no quarter being given by the government. Digambar may have survived arrest but his troubles are far from over. From the looks of it they are only increasing.