Team Herald
PANJIM: Former chief minister Digambar Kamat was not in court on Monday and the hearings were not regarding him, but the various submissions made during the day focused on him as the prosecution responses to various statements established the grounds to arrest the former chief minister.
The latest submission from Crime Branch, opposing former PWD minister Churchill Alemao’s bail plea, cites brief extracts of depositions under Section 164 CrPC of crucial witnesses in the Louis Berger bribery case that name Kamat and Alemao of accepting bribes at their official and private residences.
“In his (ex-LB employee) statement he has disclosed that he witnessed the four transactions in which huge amount was paid to Kamat and Alemao by Sanjay Jindal (ex-LB employee and witness) and Prasanna Shah (MD of Shah Consultancy and witness) as per instruction and aspiration of Anand Wachasundar and then ministers in the Government of Goa in 2010,” the special public prosecutor G D Kirtani said.
In a confessional statement before a judicial magistrate, a consortium consultant revealed paying the bribes. “Once more ex-employee of LB corroborated the statement of his colleague that he delivered Rs 50-60 lakh on two occasions to Kamat at his official residence (CM’s bungalow at Altiinho) and his private residence at Margao in the year 2010-11,” the 17-page application prepared by IO Dattaguru Sawant states.
In what could spell further trouble to Kamat, ahead of his anticipatory bail hearing on Wednesday, the witness has identified all four locations – two official residences and two private residences – where the bribe was paid, all of which was recorded in the presence of independent witnesses.
The bribe amount – Rs 50-60 lakh paid in three instalments and Rs 10-15 lakh in one instalment to Kamat and Alemao were collected from hawala operator Raichand Soni, who was also arrested last weekend. “He (Soni) along with his employee Mukesh Bharti had delivered cash to Alemao and Kamat…” the prosecution mentions, quoting Soni and adding that Bharati’s confessional statement corroborates with that of Soni.
Based on the confessional statements and the available relevant documents during the ongoing investigation, CB stated that it has enough evidence against the duo and others ‘for favouring the LB company and their consortium partners for monetary gains by abusing their powers and in connivance of public servants of Goa government…caused massive loss to the State government for which they are liable for strict action under PCA and other acts in force’.
The prosecution has been reiterating that both former ministers did not co-operate with the investigation on being summoned before August 5 when Alemao was arrested. It has now sought Kamat’s custodial interrogation to recover the bribe amount while it also managed to get Alemao’s police custody extended by three days on Monday.
In his application, Alemao too questioned why Kamat, also wanted in the case, is yet to be arrested. Senior lawyer Ashok Mundargi defending Alemao also asked what co-operation was the Crime Branch (CB) expecting when Alemao had responded to both summons on July 28-29.
“I joined the investigation but was still arrested…other person of conspiracy (referring to Kamat) is still out. How can that pressure be vanished? For the CB, I think confessing the guilt will mean co-operating with the investigation,” he said.
His argument was based on special public prosecutor G D Kirtani’s submission that Alemao was misleading the investigation agency and not cooperating. The prosecution also stated that a criminal background regarding his alleged involvement in gold smuggling in 1990s, dividing communities over Konkani-Marathi language, involvement in two PWD scams, etc, warranted Alemao’s further custody to ensure witnesses are not threatened.
The 16-page copy also highlights that Alemao, as a Member of Parliament in 2005 was caught in a sting operation by a national news channel seeking commission to approve a Konkani mobile library. He was also once detained under the National Security Act.
The prosecution also cited that they need to locate the crucial JICA file, which is still untraceable.
Hinting at a politically motivated case against his client, Mundargi said nowhere in the prosecution application has CB submitted how custodial interrogation will help them. Mundargi said CB in their say to oppose the anticipatory bail filed by Kamat, mentions the same reason that Kamat has concealed, manipulated or destroyed the file.
The lawyer also commented that the accusation of threatening the investigating officer is baseless. “How can he ‘indirectly threaten’ the investigating officer when he is in custody? He is a seasoned politician and we know that police inspector is not the in-charge (of the case). I know from where the winds are blowing and who the case in charge is,” Mundargi said, adding that CB’s move should be taken with a pinch of salt.
Meanwhile, a technical team appointed to scrutinize the relevant documents of the JICA project has ascertained gross violations by the former government.
