Former Goa PWD Minister Churchill Alemao today argued for bail in the Louis Berger bribery case in the Bombay High Court and contested the crime branch's statement that he is a "habitual offender" and "smuggler" who had been once detained under National Security Act.
"Not all the cases have reached the courts, while in some cases I (Alemao) have been discharged," Alemao said in an application moved through his lawyer Ashok Mundargi before the Goa bench of the HC.
The former minister is accused of accepting bribe from US-based Louis Berger firm to award them consultancy for Water Augmentation and Sewerage Project funded by Japan International Cooperation Agency (JICA).
A local court had last month rejected Alemao's bail plea.
Contesting the earlier statement of the Crime Branch which described him as a "habitual offender" and a "smuggler" while opposing the bail, Alemao said he was never detained under National Security Act (NSA) as claimed by police.
The Crime Branch had claimed that the 66-year-old politician had had a criminal background and was also involved in gold smuggling in 1990s. The investigating agency had also said Alemao was involved in an agitation which sought to divide the society over Konkani and Marathi languages.
The police also mentioned that Alemao had been detained under stringent NSA earlier.
"He was never detained under NSA," Mundargi argued while dismissing the crime branch's submission that Alemao's bail would affect the ongoing investigation into the bribery scandal.
Mundargi said the police did not question Alemao even once in his judicial custody.
"Materials/evidence has to be considered if crime branch requires his continued custody," the defence counsel said.
"If CB says the (missing) file is destroyed, then it is destroyed. It cannot be recovered now. Then why is his custody required now?, he said.
The prosecution had earlier said that they need to locate the main file on which the noting related to the case was mentioned.
Alemao was PWD minister in 2010 when the bribery took place. He was arrested on August 5 by state police.
Special Public Prosecutor S R Rivonkar told the HC that the confessional statements by other accused have clearly implicated Alemao of accepting bribe.
The single-bench of Justice K L Wadhane will hear further arguments on next Wednesday.
Alemao is booked under IPC section 120-B (criminal conspiracy) and relevnt sections of Prevention of Corruption Act in connection with the case which allegedly took place when he was PWD minister.
Police have so far arrested Alemao, former vice president of Louis Berger Satyakam Mohanty, head of JICA-aided project in Goa Anand Wachasunder and alleged hawala dealer Raychand Soni in the case. Mohanty was later granted bail.
The district court had earlier granted anticipatory bail to former Chief Minister Digambar Kamat in connection with the same case.
