the goan I network
MARGAO
Did the Crime Branch investigating into the gambling case slapped against the Leader of the Opposition, Babu Kavlekar and brother Babal, failed to do the homework before seeking the custody of the Kavlekar brothers in the gambling case?
No doubt, the offenses in which Babu and Babal were wanted by the investigating agency were bailable in nature, but the fact remains that the agency was virtually caught on the wrong foot by the Sessions Court while granting bail to the two brothers.
The court questioned the move of the investigating agency to invoke Section 13 of the Prevention of Corruption Act against the Leader of the opposition, with Sessions Judge B P Deshpande observing "Babu is admittedly a public servant being a member of the Goa Legislative Assembly.
However, there is absolutely no material brought on record or shown during the arguments that
Babu either demanded or offered any illegal gratification to any public servant/police officer for the purpose of allowing him to conduct alleged gambling activities as projected in PIL No 1/2011, which has resulted in the filing of the case".
Judge Deshpande again caught the Crime Branch off guard on the question of sealing of the room the keys purportedly handed over by Babu's wife Savitri and the sealing of the room itself.
During arguments, the public prosecutor Ladislav Fernandes had struggled for answers to a volley of questions posed by Judge Deshpande when questioned whether the investigating agency had sealed the keys handed over by Babu's wife.
In the order granting anticipatory bail to the Leader of the Opposition, Judge Deshpande observed that the investigating agency did not show the panchanam of the keys purportedly handed by Savitri, adding that no such record has been found in the case diary as well.
The Judge further observed that the room was not sealed when it was raided by the Anti-Corruption Bureau (ACB) on September 16 and neither was the locks sealed.
"No immediate steps were taken by the Crime Branch on September 20 to seal the room in question," the Judge observed.
The Judge said the defence lawyer, Adv Surendra Desai has rightly pointed out that if Babu is considered as one of the accused in the offense, he cannot be compelled to be a witness against him.
The Leader of the Opposition Babu Kavlekar and brother Babal were granted anticipatory bail by the South Goa Sessions Court on Friday, with directions to the Crime Branch to release Babu on a bail of Rs 50,000 and one identical surety.
The Court had further directed the agency to release Babu's brother Babal on bail of Rs 20,000 with one identical surety in the event of his arrest.
They have been asked to report to the investigating agency as and when called and were directed not to tamper with evidence.
