HC notice over Madkaikar’s graft mix-up

Panaji: The high court has issued a notice to power department executive engineer Kashinath Shetye and others over a petition challenging a lower court’s order to file an FIR after an ex-minister alleged corruption in govt.

The challenge has been filed by the Ant-Corruption Bureau (ACB).

The lower court had directed the ACB and the vigilance department to register an FIR based on the statements about corruption made by Pandurang Madkaikar, a former minister and BJP member.

Madkaikar said he paid Rs 15-20 lakh to get his work done and claimed that ministers were busy only counting money.

Shetye and others filed a complaint with the ACB and the vigilance department in March, seeking an investigation and legal action against corrupt individuals referred to by Madkaikar in his media interactions.

The ACB submitted to the HC that the special judge did not consider its reply, which stated that the allegations of bribery by Madkaikar were due to a misunderstanding between Madkaikar and his associate.

The confusion, the ACB said, was about whether the amount was required to be paid to the minister as gratification or to govt treasury as fees for land conversion.

The ACB said that Madkaikar later gave a statement clarifying that what was asked to be paid was, in fact, processing fees for issuing a conversion sanad, to be credited to the public exchequer.

Although this was brought on record by the prosecution, the special judge did not consider it, the ACB said.

Moreover, the ACB argued that the order was without jurisdiction and challenged the powers of the special judge appointed under the Prevention of Corruption Act to assume the role of a magistrate.

The ACB said the judge was not authorised to entertain an application seeking direction to a police officer to register an FIR and commence an investigation.

The HC was told that when the ACB and the vigilance department recorded the statements of Madkaikar and his associate, both reiterated that the money was for conversion fees.