Panaji, Aug 27: Goa police, while challenging in the High Court the anticipatory bail granted to former Chief Minister Digambar Kamat in Louis Berger bribery case by a lower court, today said it was "gross miscarriage of justice."
The petition was heard today by Justice K L Wadhane of the Goa bench of the Bombay High Court.
"It's gross miscarriage of justice done in this case, that is why this court (HC) has been approached with the plea," Special Public Prosecutor Subodh Dessai, representing the Goa Crime Branch, told the court today.
The High Court has the power to cancel the bail under section 439 (of CrPC), he said. He argued that issues raised by Kamat's lawyer were only to delay the matter.
Defence lawyer Surendra Dessai, opposing the application, said cancellation of anticipatory bail cannot be sought on the same facts and circumstances which were cited in the lower court.
"There's nothing extraordinary or exceptional that requires the HC to use its discretionary power (of cancellation of bail)," he contended. He also said that the application filed by the Crime Branch to cancel the anticipatory bail is premature and should be dismissed.
"The prosecution has come too early to the court seeking cancellation of anticipatory bail. They (crime branch) are having sleepless nights.
They should sleep well and come," the defence lawyer said during the arguments. He said that despite anticipatory bail, the police could have arrested Kamat and released him on bail bond.
"Without executing the anticipatory bail, it cannot be challenged in the higher court," he said. The bench, after hearing the arguments, fixed the matter for hearing tomorrow.
The Crime Branch has booked Kamat, former PWD minister Churchill Alemao and several others in connection with the bribery case.
US-based Louis Berger company officials had admitted to have paid bribe to an Indian minister to win consultancy for a project in Goa funded by Japan International Cooperation Agency (JICA).