Fisheries ‘scam’: Gujarat minister, ex-minister asked to appear in High Court

Solanki and Sanghani had moved the High Court in 2017, challenging the initiation of criminal prosecution against them by the Gandhinagar court in the alleged scam. They argued that they had no role in the “scam” and no offence was made out. They also challenged the report on the alleged scam prepared by Anti-Corruption Bureau (ACB), which said the accused were involved in the scam. They had challenged that the judge could not have taken cognizance of the report since the complaint was filed by a private individual.

Justice Pardiwala while upholding the initiation of criminal prosecution against the petitioners by the special court held that the ACB report “reveals more than a prima facie case to proceed against” the two. The report reveals that all the accused persons in collusion and connivance with each other and by abusing their position caused a loss of Rs 21,04,64,515 to the government exchequer over a period of five years by arbitrarily awarding contracts to different parties for their personal gain.” The order also states that the overall scam is of about Rs 400 crore.

Justice Pardiwala has expressed “surprise” over the fact that the state Lokayukta gave a clean chit to Solanki, Sanghani and five other accused. He has said that records of the corruption allegation against the accused persons are enough to put them on trial. In his detailed order, Justice Pardiwala held that the special judge has wide power to take cognizance of offence. He has held that private complaint based on which cognizance has been taken is maintainable in connection with a corruption case.

The judgment states that there is no need for the High Court to interfere with the order of the special court.