PANJIM, MAY 28
The JMFC today dismissed the application filed by Kashinath Shetye seeking directions to the CBI to properly conduct a probe of the alleged IFFI 2004 infrastructure scam and include other persons allegedly involved in the financial misappropriation.
The JMFC Edgar Fernandes dismissed the application for want of jurisdiction.
The CBI had questioned the jurisdiction of the JMFC here to entertain the application filed by Shetye.
The CBI registered the case in 2007 with regards to the expenditure incurred on infrastructure development for IFFI 2004 under the Prevention of Corruption Act, and various provisions of Indian Penal Code and Opposition Leader Manohar Parrikar who was at the helm of affairs during IFFI 2004 was interrogated by CBI in April 2010.
Parrikar has been demanding that Chief Minister Digambar Kamat who also part of the core committee for IFFI 2004, also be interrogated.
Others who were also part of the core committee then include speaker Pratapsing Rane, Power Minister Aleixo Sequeira, Water Resources Minister Filipe Neri Rodrigues, Education Minister Babush Monserrate and few others.
The CBI filed its preliminary objections before JMFC raising the issue in response to a notice issued to it by the Court this month following application moved by Shetye.
The CBI’s contention was the applicant has no locus standi to file the application as he was not even the complainant on the basis of which the FIR was filed.
However, Adv Ryan Menezes, the counsel for the applicant countered the argument saying the applicant has the right to approach the magistrate as it is found that the CBI was not investigating the case properly.
The case is being investigated by CBI within the jurisdiction of the magistrate and hence the magistrate has the powers to issue directions. The CBI has questioned several persons (besides Parrikar) including contractors, officials, etc on various issues which were highlighted by Comptroller and Auditor General (CAG) of India.
These included alleged irregularities in tendering of multiplex, over appointment of consultants, costing of the projects, etc.
