PANAJI: The Additional District and Sessions Court on Monday directed that a First Information Report (FIR) be registered against former Inspector General of Police (IGP) Sunil Garg on a complaint filed by Vasco-based businessman Munnalal Halwai who accused him of demanding and accepting a bribe to register a case.
The court directions culminate a long battle waged by Halwai who to had to overcome, a strangely stubborn state administration despite the officer allegedly being recorded while demanding the bribe of Rs 5.5 lakh.
Halwai had first lodged a complaint under various sections of the Prevention of Corruption Act, 1988 against Sunil Garg before the officer in charge of the Anti Corruption Branch in August 2016, but since then no action was forthcoming in the matter.
Since no action was forthcoming, he filed an application before the Court under Section 156(3) of the Code of Criminal Procedure pleading before the court that an FIR should be lodged and Garg is investigated for corruption.
While referring to the need for a sanction from the competent authority for filing a case against a government servant, Halwai noted how several officers including DySP had recommended to the Chief Secretary that an FIR be registered against the officer, but that the Chief Secretary decided to withhold the files.
He was finally successful after citing an order of the Supreme Court which held that if sanction of prosecution is not granted or denied within three months, it is deemed to be granted.
Earlier the Bombay High Court at Goa had directed the Panaji Sessions Court to decide the petition filed by Halwai within a period of eight weeks.
Halwai had approached the High Court seeking an expeditious hearing of the petition in the sessions court saying that the petition was dragging on for too long.
"As there is a positive order I am treating this as the first win in my fight against corruption," Halwai told reporters.
After the complaint came to light Garg was swiftly transferred out of Goa and no action was initiated or contemplated against him.
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TAKING ON GUARDIAN OF LAW
* In August 2016, Vasco-based businessman Munnalal Halwai lodges a complaint against Sunil Garg with the Anti Corruption Branch
* After the complaint came to light Garg was swiftly transferred out of Goa and no action was initiated or contemplated against him
* Since no action was forthcoming, he filed an application before the Court pleading that an FIR be lodged and Garg investigated for corruption
