Desmond acquitted Mahanand for consideration other than judicial
PANJIM, FEB 17
The unexplained suspension of the South Goa District and Additional Sessions Judge Desmond D’Costa is now revealed officially. The chargesheet accuses him of deciding serial killer Mahanand Naik’s acquittal ‘for consideration other than judicial’.
“By showing ugly and haste in acquitting the accused who was known to be a serial killer by not even examining the necessary witnesses in the case, you had shown lack of devotion to duty and acted in a manner unbecoming of a judicial officer,” the report reads.
Judge D’Costa was suspended on February 8 by a single line order which did not specify reasons behind action against him. Lawyers in large numbers protested against his suspension and struck work for couple of days. They even marched to the Bombay High Court at Goa Registrar’s office demanding to revoke his suspension.
Sources told Herald that the report against the suspended Judge also stated that crucial witnesses in the Mahanand case were not examined while also the accused’s confessional statement was ‘deliberately not considered’.
“The confessional statement was showing that the accused has clearly confessed of having sex with Nirmala Amolkar by taking her at Verna plateau, in the bushes and strangulating her…Considering the fact that you are a senior Judicial Officer…you was supposed to be sensitive while conducting trial of this case”, the report by Principal Judge U V Bakre to Registrar I K Jain further read.
“However, you failed to examine witnesses and deliberately kept the confessional statement, panchanama of recovery, etc out of consideration, resulting in acquittal of the accused. Thus you acted negligently and recklessly in showing ugly, haste and hurry in deciding the case which was not even from your file”, it added.
Judge Bakre had proceeded on sick leave from March 15 and had handed over the charge to Judge D’Costa during this period.
On February 14, lawyers, doctors and citizens from all walks of life gathered at Azad Maidan reiterating demand to reinstate the Judge. The meeting also passed a resolution demanding the “immediate withdrawal of suspension” and “immediate halt to victimization of the honest and upright judges (referring to Judge Anuja Prabhudesai also)”.
