the goan I network
MARGAO
Fresh summons have been issued to former Chief Minister and Margao MLA Digambar Kamat by the South Goa Additional Sessions Court on Tuesday after he was found conspicuous by his absence when the mining case came up for hearing before the Additional Sessions Judge Sayonara Laad.
The Court has also issued notice to the SIT probing the mining scam after regular Public Prosecutor A V D’Costa submitted that he has not received instructions from the Investigating agency to appear before the court.
When the matter was called up for hearing before Additional Sessions Judge Sayonara Laad on Tuesday afternoon, accused Prafulla Hede and retired senior geologist in the mines department A T D’Souza were present in the court room. The bailiff called up Digambar’s name, but there was no response since he was neither present in person nor represented by a lawyer.
Judge Sayonara Laad later issued fresh summons to Digambar Kamat to appear before the court while adjourning the matter to March 26 noon.
Yogesh Nadkarni, who is representing Hede told the media after the hearing that the Judge has issued notice to the Special Investigating Team since neither the regular public prosecutor nor a special public prosecutor appeared for the investigating agency.
Adv F Bhangui is appearing for the accused Anthony D’Souza.
In the charge sheet, the SIT had charged Digambar along with A T D’Souza for allegedly showing undue favour to Prafulla Hede by condoning the delay of the renewal of mining lease without having any authority and in contravention of the provisions of the Mines and Minerals Act.
The brief facts contained in the 1500-odd page charge sheet revealed that the SIT has charged Digambar and the Sr. geologist for showing favour in granting the first application of renewal of mining lease TC No 30/1950 of Prafulla Hede on August 13, 2007 with a favourable noting.
In support of its case, the SIT has brought on record the statement of former senior Mines secretary Rajeev Yaduvanshi recorded under section 164 of the Cr P C before a special Judicial magistrate. “It is evident from the statement of Rajeev Yadhuvanshi that all the mines files which are the subject matter of the present offence were routed through Bhingui and Lolienkar, Director of Mines. “All the decisions of these files have been taken by the then Mines Minister Digambar who has personally approved the file,” the SIT claimed in the charge sheet.
Rajeev has further stated that Kamat had allegedly given instructions to A T D’Souza in his presence to put up the file pertaining to condonation of delay of renewal of mining leases to different lease holders and those of power of attorney holders.
In the charge sheet, the SIT maintained that the state government had the power to condone the delay applications filed by the lessee for the first renewal period from the year 1994-2000. Thereafter, since the year 2000, the SIT maintained that law was amended and the government enjoyed no powers to condone the delay application for first renewal application filed by the lessee.
