Churchill Alemao is perhaps the only accused involved in the JICA, Louis Berger bribery case left behind the bars despite of his several attempts towards his freedom by approaching the special court on various occasions. All other accused were freed by the court on various grounds while one prime accused is out on anticipatory bail. From the point of view of Churchill this is an ultimate injustice towards him. According to Churchill, he has been victim of the circumstances, as despite of his complete cooperation with Crime Branch officials into the JICA case police has detained him in the jail.
Recently jailed Brother-in-Law of the Chief Minister who was detained by the police on the grounds of accepting the bribe for felicitating the land transfer to one of the industrialist from Rajasthan was freed on bail within a day by the same special court that has rejected the bails of Alemao on several occasions.
Now Churchill has approached the High Court of Bombay at Goa seeking bail on the grounds of his arrest by the crime branch without forming the Bonafide opinion as required under the Code of Criminal Procedure. Based on the bail application filed by the Alemao the high court has issued a notice to the prosecution and sought reply and the matter is kept for the hearing on Friday August 28.
The present petition filed by the Alemao in high court states that his arrest by the crime branch is not within the ambit of law as they did not follow the proper procedure while putting him under arrest. “His arrest by crime branch, following summons issued under Section 41-A of the Code of Criminal Procedure, is arbitrary and illegal and without the bonafide formation of opinion as required under Sub Section 3 of Section 41-A of the Code of Criminal Procedure,” The Petition states.
In the said petition Alemao also brings to the notice of judiciary that by keeping him in judicial custody no purpose will be served as the crime branch has already raided his place and interrogated him in the custody on several occasions. He also stated that no implicating documents have been recovered from or at his instance by the investigation agency and he is always been co-operating with the investigation.
His next point says that there are no documentary evidences available against him in this case and his arrest is completely based on the prima facie statement of the accused and witnesses and the same do not have documentary support to substantiate the oral statements of witnesses recorded under the sections of 161 and 164 of CPC in regards to the alleged payments.
Alemao has also argued that “subsequent to the grant of anticipatory bail to the principal/co-accused, former CM Digambar Kamat, against whom more serious, if not, similar allegations have been leveled by the prosecution, has now resulted in a change in circumstance.”
Alemao also brought his medical condition to the notice of the court by specifying his knee joint replacement surgery in 2008 and he is also suffering from lumber spondulosis, hypertension and hyperuricemia, and entitled to be enlarged on bail on these grounds as well. The petition also states that “As the then PWD minister in the erstwhile cabinet, the petitioner had no role in JICA of whatsoever nature either in the drafting and allotting of the tenders under Japan International Cooperation Agency (JICA) and/or approval in the work of project Management Consultancy Services for augmentation of water supply and sewerage for Goa State” The petitioner stated that he is entitled for bail as the process of obtaining evidence from appropriate authorities in the United States of America, would take months, if not years.
The decision of high court will come on the August 28 and it will only make the picture clear if Alemao is going to get the bail or have been planted to remain inside for longer time. This situation will raise the issues over the functioning of the judiciary system if Alemao had to be denied for the bail on August 28. Let’s wait and watch the situation meanwhile if anybody wants to share some information on this situation than please go ahead.
Source: TNN
Edited by: Goa Prism News Desk
