PANAJI
The High Court of Bombay at Goa has quashed and set aside the order of the North Goa Sessions Court directing the Central Bureau of Investigation (CBI) to register a First Information Report into allegations of massive land fraud amounting to Rs 300 crore in government property allotted to the Economic Development Corporation (EDC).
The order, pronounced on Friday, has also remanded the matter back to the Sessions Judge, North Goa, Panaji, for fresh consideration of the application in accordance with law.
In its order on June 20, the Sessions Judge, who also functions as the Special Court under the Prevention of Corruption Act, 1988, directed the Anti Corruption Branch of the CBI to register an FIR within 24 hours. The High Court, on the following day, granted a stay till the next date of hearing and has continued till date.
In its order on Friday, the Bench of Justice Nivedita Mehta noted that the trial Judge did not undertake any examination of whether the material placed on record disclosed the commission of a cognisable offence to justify the registration of an FIR.
“The order does not reflect any discussion or reasoning leading to the conclusion that a case for directing investigation had been made out. There is a complete absence of detailed observations or findings as to the existence of a prima facie case warranting the exercise of powers under Section 156(3) CrPC,” reads the order.
The High Court further observed that allegations made by Respondent Kashinath Shetye and others, in the application, are general in nature and do not name or implicate any specific individual. The Bench then stated that in such circumstances, and particularly in cases alleging corruption or abuse of official position, it is imperative that a preliminary inquiry be conducted before directing registration of an FIR.
“The learned Sessions Judge has failed to consider this aspect before passing the impugned order,” the order added.
The case pertains to a complaint filed on July 15, 2019 by the activists alleging corruption in the allotment of plots pertaining to land situated at Patto, which belongs to the EDC. The Petitioner then also submitted an application seeking sanction under Section 17 of the Prevention of Corruption Act, 1988; and sought an investigation into the alleged scam amounting to Rs 300 crores, sealing of premises that were allegedly sold or leased without the consent of the Government and the Economic Development Corporation, along with other ancillary reliefs.
The case pertains to a complaint filed on July 15, 2019 by activists alleging a Rs 300-crore scam in the allotment of plots at Patto belonging to the EDC. The petitioner sought a sanction under Section 17 of the Prevention of Corruption Act, 1988, along with an investigation, sealing of premises said to have been sold or leased without government or EDC approval, and other related reliefs.
The Sessions Court criticised the delay in initiating an inquiry, noting there was “nothing exceptional” in the case to justify postponing the registration of an FIR on the grounds of a preliminary inquiry. The Judge added that even in exceptional circumstances, such an inquiry “could not have exceeded two days.”
The High Court has, however, quashed the order while also clarifying it has not expressed any opinion on the merits of allegations in the complaint.
