PANAJI
The North Goa Sessions Court has directed the Anti-Corruption Branch (ACB) to register a First Information Report (FIR) into the bribery allegations made by former minister Pandurang Madkaikar earlier this year.
A group of citizen activists had approached the court after the ACB closed its inquiry, citing the retraction of Madkaikar’s statement, which the ex-minister later claimed referred to a penalty payment rather than a bribe.
The complainants had lodged a complaint before the ACB in March, seeking an investigation and action into the public statement. According to the complaint, Madkaikar had stated that he had to pay Rs 15 to Rs 20 lakh to get his files cleared. “If it is found that the statement made by Madkaikar is false then action should be taken and he should be made accountable for misleading the public and defaming the institution,” the complaint stated.
The ACB, in its reply, admitted receiving the complaint and acknowledged conducting a preliminary inquiry. However, it concluded that the ingredients of the offence were not made out, and hence, no FIR was registered.
Judge Irshad Agha, on hearing the arguments from both parties, held that the video recording of Madkaikar’s statement, which had gone viral, was sufficient material to warrant registration of an FIR.
“Further, any inquiry was not at all required. The video which went viral would by itself be material for preliminary inquiry. It is only after registering the FIR that the Investigating Officer could have taken a call and decided accordingly,” it stated.
The court further observed that the activists had reason to be concerned over such public statements being made and later withdrawn. “The applicants here are more concerned because making such statements and thereafter falling back on the said statements is not in the interest of the public as there is every possibility that the public at large may be misguided. Whether the statements were made correctly or wrongly ought to have been decided after registering the FIR. The statements made by Madkaikar definitely show that a huge amount is required to be paid as a bribe to clear the files. The applicants have alleged that the culprits ought to have been booked under section 7 and section 13 of the Prevention of Corruption Act,” reads the order copy.
Earlier, during the ACB’s inquiry, Madkaikar had clarified that the alleged bribe amount he mentioned referred to official charges. “Records show that he deposited Rs 46 lakh consisting of Rs 24.78 lakh in land challan fees and Rs 21.29 lakh as penalty, for which official receipts were issued,” officials had then said, quoting Madkaikar’s deposition. Based on this, the ACB found no evidence of corruption and closed the case.
