Prove credentials, HC tells petitioners

MUMBAI, FEBRUARY 8: The Bombay High Court on Tuesday asked petitioners alleging illegalities and misuse of office against the Minister for...

MUMBAI, FEBRUARY 8: The Bombay High Court on Tuesday asked petitioners alleging illegalities and misuse of office against the Minister for Public Works, Vijaysinh Mohite-Patil, to establish their credentials and prove to the court that they had indeed approached the State Government seeking clarifications on certain deals.

The division bench of Justice B P Saraf and Justice V C Daga orally directed the petitioners, Laxman J Gorad and others in a public interest petition to show to the court that they had sent letters to the State Government and since they had not received any information had to seek the court8217;s intervention in the matter.

Gorad had in his petition alleged that while the State Government had in December 1999 advertised tenders for around 41 public works amounting to more than Rs 8 crore in Pandharpur, district Sholapur 8211; which were to be opened on February 3, 2000 8211; it had without waiting for the tenders to be opened, clandestinely awarded the works to a company run by the minister8217;s son and brothers. The name of the company was Shivratna Constructions where the minister8217;s son and brothers are partners.

It was alleged that the company had started around 35 works in the district before the tenders were opened. Apparently, the reports of such an award to the company were available in the local newspapers and even the machines used in these public works showed the name Shivratna8217;. Letters were also written to the State Government asking for details by the sarpanchs and others in the district. However, the State Government did not reply to these letters.

At the court on Tuesday, State Advocate General Goolam Vahanvati relied on an affidavit filed by Ramesh Agavne, executive engineer, PWD, Pandharpur who denied that any of the works tendered had been given to the company owned by the minister. He stated that the works shown in the pictures were actually petty works with an outlay in each case less than Rs 50,000. As for the original work tendered, he submitted that these were still to be undertaken. He added that the company, Shivratna, had not even collected forms for the tenders. He showed statistics to say that the company was not being favoured by the State Government and of the 113 works undertaken in the area in the last five years, Shivratna had been awarded only 13.

However, the petitioners represented by senior counsel Bal Apte and advocate Machchindra Patil argued that letters were sent by the petitioners which were unanswered by the State Government. To which the Advocate General stated that the State Government had not received any letter from any one asking for details.

At this, Justice Saraf told the petitioners to prove that they had indeed sent such letters to the government and hence prove their credentials.