PANJIM: The allegation that former chief minister Digambar Kamat received kickbacks in two installments worth Rs 1.20 crore approximately from former Louis Berger officials in 2009-10 is now on record.
The evidence, which is through the deposition of two witnesses recorded before a judicial magistrate, was submitted in the High Court of Bombay at Goa during the hearing challenging the special court’s order granting Kamat anticipatory bail.
In the 90-minute argument on the second day of the hearing, public prosecutor S R Rivonkar disclosed that Sanjay Jindal and Shiv Ram Prasad Malladi were seen at the residences of the former chief minister. Both had bags containing cash.
“…saw Jindal in the meeting room of the CM (official residence at Altinho when Kamat was holding the position) with a bag. It contained money to the tune of Rs 50-60 lakh,” he said quoting the statement of one of the witnesses recorded by the judicial magistrate under Section 164 of the CrPC.
Claiming this statement as prima facie evidence against the Margao MLA, the PP further submitted that Malladi too delivered Rs 60 lakh in cash at Kamat’s private residence where Jindal was present.
“He (Malladi) collected Rs 60 lakh from Midland (office of co-accused and alleged hawala operator Raichand Soni)… It was raining heavy… He entered the visitors’ room where Jindal asked him to sit. He then handed over the bag…” Rivonkar, who prepared the submission in told the bench of Justice K L Wadhane.
This material evidence, he mentioned, was ‘totally neglected’ by the special court as it ‘went on wrong assumption to give benefit to the accused’.
The State also denied violating Section 41-A of the CrPC contending that it applies only at the time of a person’s arrest, and CB initially did not intend to arrest. However, when Kamat applied for anticipatory bail, CB sought his custody all of which were mentioned in the case diaries. The CB has submitted four case diaries to the court.
“Since the beginning of the case investigation, there was no intention to arrest him. We are concerned with the four case diaries when Kamat was called for questioning and he refused to cooperate with the investigation. All this has been mentioned in the case diaries,” he said, adding that Kamat flatly refused to answer two important questions on the Rs 1.20 crore bribe and the missing JICA files.
“Section 41-A applies only at the time of the arrest. In our case, actual steps to arrest him were not taken. Investigating Officer would summon him again and again for replies. He was allowed to go even on his fourth appearance on August 17,” Rivonkar added calling the lower court’s order on violation of the section as ‘illegal’.
“What is expected from Kamat is to speak the truth. We want to proceed in a particular direction and for this, we need correct information.”
The prosecution, urging the high court to quash and set aside the special court order, apprehended that Kamat is in a position – being a sitting MLA and former Chief Minister – to pressurize witnesses. Rivonkar cited the manipulation of RTI replies to support the statement.
