Team Herald
MARGAO: Adv Aires Rodrigues has alleged that the government is trying to illegally withdraw the Velim Church attack case and has decided to file an intervention petition in the case. He has alleged that Velim case was sought to be withdrawn on the mere oral directions of South Goa MP Narendra Sawaikar and has stated that such political interference in the working of the judiciary is impermissible and needed to be strongly condemned.
At a press conference in Margao on Saturday, Rodrigues strongly objected to the alleged high-handed manner in which the 2012 Velim case, pending before the Margao JMFC, was sought to be withdrawn. On February 5, he will make an application before the JMFC explaining how the case has been illegally handled by Directorate of Prosecution, among other things.
Rodrigues informed that Police Inspector Kapil Naik, who was the victim government employee in the case, has told that he has not been contacted or asked for a say while the government moved to withdraw the case. He has stated that information obtained by him under the Right to Information Act on Friday shockingly revealed that there was neither government decision nor direction to withdraw the case.
“Section 321 of the Criminal Code of Procedure empowers the government to withdraw criminal proceedings after following the due process of law, which has not been done in the Velim case. The Supreme Court and Bombay High Court has laid down the law that the government can withdraw criminal proceedings only after proper application of mind, including hearing the complainant and victims of the case,” stated Rodrigues.
Accusing the Director of Prosecution (DoP) of issuing illegal directions to the Margao Assistant Public Prosecutor on a mere telephone call from MP Sawaikar, Rodrigues stated that it was an irony that the same DoP had, last year, given an opinion that the Cuncolim Police could chargesheet the 22 accused in the case under Sections 307 (attempt to murder), besides Sections 143, 144, 147, 148, 186, 323, 324, 326, 332, 333, 341, 342, 353 read with Section 149 of IPC.
Rodrigues has demanded that the DoP come clean in the matter. “Criminal cases cannot be filed and withdrawn at the whims and fancies of politicians in power. It looks to be a mockery of the justice delivery system and cannot be allowed to go unnoticed as it would set a wrong and unlawful precedent,” said Rodrigues, adding, “Like the Velim case, why all other criminal cases pending across Goa should not be withdrawn using this same yardstick?”
