Team Herald
PANJIM: The Special Court on Wednesday granted former chief minister Digambar Kamat anticipatory bail observing that he is not in power since March 2012 to interfere with any documents.
Seeking his arrest, the prosecution and Crime Branch (CB) had based their arguments on the missing JICA file.
The prosecution had charged Kamat with ‘flashing the photocopy of the missing file to his supporters while addressing a rally last month,’ which Kamat’s counsel Surendra Desai denied during the anticipatory bail hearing.
The investigating officer had contended that during interrogation the MLA had not disclosed about the notings on the file that was a material piece of investigation and Kamat could destroy evidence if not arrested.
In his order, Special Judge B P Deshpande rejected the prosecution’s claims that Kamat deliberately hid the noting file where his alleged role in the bribery scandal is pointed out. His clean background also worked for him, unlike that of former PWD minister Churchill Alemao who has a criminal history.
“The applicant (Kamat) is not in power since March 2012 and since then the documents are either with the project director (of JICA) or the PWD and it cannot be said that the applicant has (is) deliberately concealing such record since that time,” the order said.
The court further observed that no witnesses have come forward stating the file is missing since the time Kamat stepped down as chief minister of Goa.
“Thus the contention of the PP (public prosecutor) that noting file is required to be recovered from the applicant is in fact possible even without custody and as laid down by the Apex Court and in case such is made out then the person could be taken in custody for the purpose of recovery,” the Judge said adding, “However at present no case is made out even though the applicant was interrogated on two occasions by the IO in the present matter for a considerable period. Therefore such contention of the PP cannot be accepted at this stage.”
During the argument opposing Kamat’s anticipatory bail plea last week, the prosecution had alleged that Kamat was in possession of the crucial documents. “This shows his conscience if he denies taking the file. If these documents were taken during his regime, it questions his intention. We have obtained CDs from the concerned media houses… It shows his ulterior motive.” Special PP G D Kirtani had told the court.
To another allegation that Kamat, through his close aide Arthur D’Silva pressurized JICA officials to give manipulated replies under the Right To Information Act; the court stated that statements of persons in this regard under Section 161 CrPC does not hold evidential value.
The court reiterated that CB’s case diary did not give strong reasons about why Kamat’s arrest was required. “The applicant is no doubt a politician and an ex-CM of the State as well as present MLA of Margao constituency, but this aspect will not stamp him as a influential person as far as the aspect of putting pressure on the persons who are acquainted with the facts of the present matter and dissuade them from disclosing it to the court or to the police,” the 39-page order copy states.
In addition to this, the court said that this case has to be considered as ‘class apart’ being an economic offence.
The court, however, ruled out defense’s argument that the proposed action against Kamat was politically motivated. “…if there was any political interest in the matter, then the applicant could have been placed under arrest on the first day when he was called for interrogation but such step was not taken which clearly suggest that there is no political vendetta against him,” it observed.
