Team Goemkarponn
PANAJI: The High Court of Bombay at Goa has taken on record a Criminal Revision Application filed by the State of Goa through its Anti-Corruption Bureau (ACB), seeking to quash an order that directed the mandatory registration of an FIR into allegations made by former minister Pandurang Madkaikar about bribery in government file clearances.
The Special Court in Merces had, on June 9, ordered the ACB to register an FIR and investigate Madkaikar’s claims that he had to pay between ₹15–20 lakh to get official approvals processed. The order came in response to an application by activist Kashinath Shetye and five others, who cited a viral video of Madkaikar’s statements as evidence warranting immediate criminal inquiry under the Prevention of Corruption Act, 1988 and provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023.
However, in its petition before the High Court, the State contends that the Special Judge overstepped jurisdiction by acting under Section 175 of the Bharatiya Nagrik Suraksha Sanhita. The State argues that such powers rest exclusively with Magistrates and not Special Courts constituted under the Prevention of Corruption Act. The ACB also maintained that an internal inquiry had found no prima facie evidence of bribery, attributing the purported payment to confusion over conversion fees and fines imposed on Madkaikar’s company.
On June 26, Justice Valmiki Menezes ordered that notices be issued to the respondents, correcting clerical errors in the earlier record. The matter will next be heard on July 1.
The controversy stems from Madkaikar’s widely circulated video remarks, which triggered public outcry over corruption and prompted the petitioners to approach the court. While the Special Court held that an FIR was mandatory to establish whether the statements were true or amounted to defamation, the State insists that the order was issued without considering the ACB’s detailed rebuttal and violated procedural safeguards.
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