Team Herald
PANJIM: The Ad-hoc Civil Judge Senior Division and Judicial Magistrate First Class (JMFC) Court, Panjim on Wednesday heard arguments in criminal miscellaneous application filed by Congress President Girish Chodankar seeking directions to the Panjim Police to register an FIR against 10 party rebel MLAs and others for forging documents.
The hearing was adjourned to Saturday, August 21 as the court sought clarification on jurisdiction aspect.
Arguing on behalf of the petitioner, Adv Abhijit Gosavi said that since the complaint is cognisable in nature it is mandatory for the police to register First Information Report (FIR) and investigate the case as per the Supreme Court guidelines.
He told the court that the Panjim Police had failed to perform its duties and to overcome their mistake transferred the complaint to the Porvorim Police Station. It is an after-thought and an attempt to mislead the court, he said.
Adv Gosavi further told the court that the Panjim Police should have registered zero FIR and transferred the case to the Porvorim Police Station.
He also pointed out that forgery of documents took place in Panjim and therefore the Panjim Police were ought to have registered the FIR and started investigations.
Adv Gosavi also urged that the case be monitored by the court since high-profile politicians were involved and it appears that the investigating officer is acting under pressure.
Public Prosecutor T Narvekar said that as per Section 195 of Code of Criminal procedure (CrPC), offences like frauds and forgery committed comes under the Court.
Adv Gosavi disagreed to it and said that Section 195 CrPC is applicable only if that court is declared for the purpose of the Indian Penal Code (IPC).
Adv Gosavi argued that the Goa Assembly Speaker’s office is under the Tenth Schedule of Constitution and that it is not a declared court for the purpose of Section 195 CrPC.
However, the JMFC sought to know whether the matter can be heard by a designated Special Court because of involvement of MLAs even as Adv Gosavi said that the Special Court is to try criminal cases against the MLAs and that he was praying for registration of FIR. The JMFC then adjourned the matter to 2 pm on Saturday.
