Panaji, Aug 28 (TOI): Replying to the prosecution's argument that the special court committed a grave error by granting bail to former chief minister Digambar Kamat, the defence stated before the high court of Bombay at Goa on Thursday that the crime branch's plea, which seeks cancellation of the bail without arresting the Margao MLA, is pre-mature.

During the hearing of the plea filed by the crime branch in the 6 crore Louis Berger bribery case, senior advocate Surendra Desai, who appeared for Kamat, said that remedy under Section 439 (2) of Cr Pc is not available to the crime branch as they have not arrested and released his client. Kamat's lawyer remarked that the applicant has "put the cart before the horse. It should put the horse in place."

He pointed out that the special court order mandated that in the event Kamat was arrested, he be released on furnishing a bond of 1 lakh. The crime branch cannot seek cancellation of the bail before the applicant is arrested and released on bail, Desai said.

Objecting to the petition on preliminary grounds Desai said that the application is not maintainable. "There is no cause for action," he said, emphasizing that there has been no arrest and such, how can the bail be cancelled.

Counsel representing the crime branch, Subodh Desai, stated that the order in question (special court order) has led to "miscarriage of justice" and a high court intervention is warranted. "A grave error has been committed by the subordinate court," he said.

Prosecution stated that the issues raised by the defence of the application not being maintainable is flimsy and with the purpose to delay justice.

The matter came up for hearing before Justice K L Wadane and arguments will continue on Friday.