HC DISMISSES THE CRIMINAL REVISION APPLICATION OF KASHINATH SHETYE

PANJIM: The high court of Bombay at Goa dismissed a criminal revision application filed by Kashinath Shetye and others, challenging appearance of CBI's special public prosecutor to defend CBI officials in a contempt proceeding before a special judge and imposed costs of 5,000 on them.

The applicants had approached the high court against an order passed by special judge on December 18, 2010. The special judge had dismissed the objection taken by petitioners against the special public prosecutor. The special public prosecutor had represented the CBI officers in a contempt application filed by Shetye for allegedly suppressing information regarding investigation of IFFI 2004 scam.

While holding that the petitioners can suffer no loss in case the respondents, who are investigating the case, are represented by the special public prosecutor, justice N A Britto observed, ''Since the petitioners have no direct interest in the investigations which are going on and are trying to interfere with oblique motives and as the impugned order has caused no injustice to the petitioners, I am not inclined to entertain this revision."

The court further held that the petitioners have no direct concern in the investigations of the IFFI case filed by speaker Mauvin Godinho against opposition leader Manohar Parrikar. "They are trying to intrude in the said investigations. They are, what can be termed as strangers or busy bodies. Till date, they have not filed any complaint against the said core committee members, which could have been filed by them, if they wished,'' the court noted.

The court also noted that the petitioners have wasted much judicial time of two courts below and of the high court. "Revisional jurisdiction can be exercised only in case where there is an illegality which has resulted in failure of justice. Such is not the case herein.

Petitioners can suffer no loss in case the respondents who are investigating the case are represented by the public prosecutor." (TNN)