PANJIM: Advocate Surendra Desai, who is representing former Chief Minister Digambar Kamat in the JICA bribery case, told the High Court on Thursday that the missing files from the JICA project office is an imaginary fact and that cannot be ground for Kamat’s custody.
Desai said Crime Branch, which is investigating the case, has already searched Kamat’s residence in Margao and that of his relatives in Panjim in search of the missing files but could not trace them.
He said that there is no definite evidence on record of the missing files in the course of investigation.
“They have even interrogated Kamat on three occasions but could not find where the missing files are,” Desai said.
Desai also questioned why former Louis Berger employees Sanjay Jindal and Prasanna Shah who admitted that bribes had been paid were not arrested. This is the second ground on which Kamat’s custody is being sought.
He said statements were recorded under Section 164 CrPC as per CB’s wishes and wants. Kamat’s counsel also pointed out that on March 26, 2009 the financial bid was opened and the consortium quoted Rs 180 crore for the consultancy, which did not fit under the JICA guidelines and later this was brought down to Rs 75.54 crore. Desai questioned why would anybody pay bribes for reducing the tender cost.
The court adjourned the hearing till Monday afternoon and asked Kamat’s counsel to end the arguments in brief.

