Team Herald
PANJIM: For the first time since investigations began in the JICA bribery case, the Crime Branch (CB) appeared to be on the back foot when former chief minister Digambar Kamat questioned their call letter issued to him on the eve of his anticipatory bail hearing before the special court on Wednesday.
The matter was adjourned for arguments to Thursday morning.
“He (Kamat) was last summoned on August 3 to which he responded. Since then he was not required for the probe and suddenly the CB issues a call letter at 8pm (on Tuesday) to appear for questioning at 12 noon on Wednesday. How could he respond to the summons when he already had a prior appointment with his lawyer to consult on the case,” Senior Counsel Surendra Desai, defending Kamat in the case, told the court.
The summons had been issued to Kamat less than 24 hours before his anticipatory bail plea hearing was to be heard. The summons was received by his wife Asha. Thereafter, a wireless message too was sent.
Desai charged the prosecution with playing tricks to arrest his client despite co-operating with the investigation. “We don’t want to fall prey to such tricks in which he (Kamat) is called to the CB (office at Ribandar), kept there for questioning till the court hears the anticipatory bail arguments and is not sent back home (referring to the arrest),” he added.
The defence also pointed out to CB’s refusal to give a copy of the First Information Report (FIR) despite formally applying for it on August 10. “Our person who went to collect the FIR copy from the CB office was told that any information sought under RTI is supplied in 30 days,” he stated, citing Bombay High Court’s judgment where absence of FIR in such a case resulted into granting anticipatory bail to an applicant.
It was only after this that the prosecution handed over a photocopy of the FIR to the defence in the presence of Principal Sessions Judge B P Deshpande.
Special Public Prosecutor G D Kirtani contested the argument alleging the delay in investigation is due to Kamat’s non-cooperation. “This person (Kamat) is required… we sent him summons but he didn’t appear. Because of him, the investigation is delayed,” he said.
The judge observed, “There has to be some procedures to call him (Kamat). He (Kamat) has the right to consult his lawyer.”
The SPP then told the court the CB would summons Kamat again, as and when required, and immediately informed that he was needed at 5 pm on Wednesday.
Meanwhile, former JICA project director Anand Wachasundar’s judicial remand was extended by another 14 days.
