PANJIM: Even as Crime Branch is likely to file a chargesheet in the JICA bribery case on September 24, the High Court on Bombay at Goa on Monday rejected former PWD minister Churchill Alemao’s bail application. The court observed that Alemao being an influential person, his release could place hurdles in the ongoing investigation.
In the 21-page order, the single bench of Justice K L Wadane stated that Alemao took calculated moves to control the activities of the JICA project and also referred to the statements of witnesses under Section 164 of the CrPC accusing him of demanding and accepting bribes.
“…the applicant (Alemao) was holding responsible post as a PWD minister and the record shows that he has not acted as per the guidelines of the JICA but he himself adopted different method to regulate the concerned project…” the bench observed.
The court findings were based on submissions of Public Prosecutor S R Rivonkar accusing Alemao of holding back project-related files to pressurise the consortium partners for the consultancy contract.
The PP had submitted that the accused delayed the proposal regarding constitution of committees for effective implementation of the project. On January 15, 2008, the then chief secretary had also reported the matter to the then chief minister Digambar Kamat on constituting a committee failing which the Japanese authorities could withdraw the JICA project from the Goa government.
“On January 25, 2008, the applicant prepared another note/proposal thereby proposed to constitute a PWD-level coordination committee headed by PWD minister. Pursuant to this, the State-level coordination committee was approved and notified under the chairmanship of PWD minister,” the judge pointed out, adding, “Therefore, it appears from the record that the applicant himself proposed to constitute various committees headed by himself only. I think this is a very calculated move of the applicant to control the activities of the project.”
The statements of witnesses recorded by the judicial magistrate under Section 164 of CrPC show that he accepted certain amounts as bribe. Similarly, former JICA project director Anand Wachasundar’s supplementary statement spoke of ‘fulfilment of commitment towards the smooth functioning of JICA’.
Justice Wadane further stated that observations cited by Rivonkar are perfectly and more appropriately applicable to the facts of the case owing to allegations against Alemao and other co-accused for accepting over Rs 6 crore bribe. “From the record, it is seen that there is sufficient material against Alemao to infer or there are reasons to believe that he has committed a cognizable offence…” he said.
“Investigation is at a very crucial stage. In such circumstances, if he is released on bail then he may create hurdle directly or indirectly in the investigation he being influential person,” the order states.
This is the third time that Alemao’s bail plea has been rejected by the court. He has been in custody for 40 days.
