Team Herald
MARGAO: Four years after the landmark protest against the double tracking project, the Goa Police has now courted a fresh controversy by filing an application for supplementary investigation into the criminal case registered against 10 anti-coal activists in Chandor, who have characterised the development as a calculated attempt to derail the trial.
The application filed recently before the Judicial Magistrate First Class (JMFC), Margao, represents an unprecedented move that threatens to extend the already protracted legal proceedings.
It is pertinent to note that the protest was a defining moment of civic resistance, with thousands of Goans from diverse backgrounds converging in Chandor for a midnight vigil on the intervening night of November 1-2, 2020. Their unified stand was unequivocal: to resist the double tracking project and prevent Goa’s potential transformation into a coal transportation hub. Now, more than two years after the initial charge sheet was filed, the police are seeking permission to conduct additional investigations raising serious questions on the integrity of the original inquiry.
In a detailed application submitted to the court, the Maina-Curtorim Police systematically outlined critical investigative gaps they claim need to be addressed urgently. The police ‘explicitly’ highlighted that station diary extracts documenting the deployment of police inspectors and staff during the protest remained uncollected.
“The station diary extracts are essential to present the truth of the presence of the complainant and witnesses at the time of commission of the crime,” the application stated.
The investigative scope has dramatically expanded to include unrecorded statements from key government officials. The police specifically noted the necessity of recording testimonies from Salcete Joint Mamlatdars Raghuraj Faldessai, Dattaraj K Gauns Dessai, and Gaurav S Gaonkar. The application argues that these eye-witness accounts are “material and essential for the Court to effectively adjudicate and evaluate the truth in the case”.
In a strongly-worded statement, the police application asserted that the additional investigation is “crucial, essential, and significant for effective adjudication” and to “meet the ends of justice”. They emphasised that no prejudice would be caused to the accused, as the defence has not yet been opened or disclosed.
South Goa Congress MP Capt Viriato Fernandes, one of the 10 activists charged, vehemently condemned the move.
During a press interaction following a court hearing, he characterised the development as a calculated attempt to derail the trial.
He said, “Tariq Pe Tariq” (date after date) is a systematic effort to prolong the legal proceedings. The government’s actions reveal a deeper conspiracy. If there was substance in the case, the trial would have started long ago.”
The activists facing charges include Abhijit Prabhudesai, Freddy Travasso, Vikas Bhagat, John Douglas Coutinho, Diana Tavares, Creson Antao, Viriato Fernandes, Royla Fernandes and Sabita Mascarenhas. They stand accused of forming an unlawful assembly and obstructing movement during their protest against the double tracking railway project.
The prosecution’s case alleges that on the intervening night of November 1-2, 2020, between 11.30 pm and 5 am, the activists blocked the road near the Chandor railway gate, allegedly impeding vehicular and pedestrian movement. They are charged under Sections 143, 145, 341 read with Section 149 of the Indian Penal Code, 1860 – sections typically invoked in cases of public disorder and obstruction.
Earlier, the activists had sought discharge from the case, arguing that the prosecution failed to establish a substantive case against them. However, their plea was dismissed by the Margao JMFC in mid-July 2023, a decision that further intensified the legal battle and underscored the complexity of the proceedings.
The police application will come up for arguments at the next hearing scheduled on February 20, with both sides preparing to present their most compelling arguments.
Sources close to the case indicate that the application represents an unusual procedural step, potentially signalling the intricate and sensitive nature of the protest and its subsequent legal aftermath.
The next hearing promises to be a critical juncture in a legal battle that has captured the attention of activists, environmentalists, and citizens concerned about development projects in the region.