The approval comes following legal opinion pointing out to material evidence which was not considered by the High Court.
CB will file the plea after the apex court returns from its week-long vacation on October 25 for the Dusserha and Muharram festivals.
Public Prosecutor S Rivonkar has opined that CB should challenge the order as neither the High Court nor the special court – that earlier granted Kamat anticipatory bail – considered the material evidence while delivering the verdict.
“We are preparing the petition to challenge the order in the SC. Both the courts failed to take into account the four case diaries of his interrogation, the crucial point that missing JICA files and the recovery of the bribe amount. There were many aspects which were not considered by the two courts. Anticipatory bail cannot be granted only on technical grounds,” a senior official said.
Secretariat sources have confirmed that the government has given a go-ahead to CB to knock on the SC doors challenging the High Court order. CB has already lost nearly 60 days in investigating Kamat after carrying out a fast-track investigation into the case.
Even as the CB filed a voluminous chargesheet naming seven accused including the US-firm, the probe slowed down with the anticipatory bail plea filed by Kamat on August 5. The special court’s order on August 19, granting him anticipatory was challenged in the High Court. But after a 40-day long hearing, Justice K L Wadhane recused himself from hearing the case after which arguments were heard by Justice C V Bhadang. The High Court then upheld lower court’s order.
