It may be recalled that Adv Gomes along with a large number of Velim villagers had criticised Aires for threatening the government against withdrawing the case. Adv Gomes represents a majority of the accused in the case.
Reminding Adv Gomes that the law does not differentiate or discriminate an accused based on his caste, creed or social status, Adv Rodrigues has stated that the rule of law should prevail at all times and criminal cases cannot be illegally filed and withdrawn at the whims and fancies of politicians in power.
However, Adv Gomes reacting to Aires’s latest press statement said that there are certain things to be dealt with through the law and some things with the heart. “The Velim incident is a case fit to be withdrawn, given the religious and social implications and consequences, and the background and backdrop of the saga of events leading to the incident,” said Adv Gomes.
On the other hand, Adv Rodrigues felt that it would, in fact, be a gross injustice to the accused, if the case is illegally withdrawn; the government should prove its bona fides by following the due process of law and lawfully deliver justice to the accused in the Velim case.
Asserting that Section 321 of the CrPC empowers the government to withdraw any criminal proceedings only after following the due process of law, Adv Rodrigues stated that the Supreme Court and the Bombay High Court have laid down the law that the government can withdraw criminal proceedings only after proper application of mind.
