PANJIM: A division bench of the Bombay High Court at Goa comprising Justice Mahesh Sonak and Justice B P Deshpande quashed a false FIR and charge-sheet lodged by the Porvorim police under political pressure against a Mumbai advocate, Dr Olav Albuquerque, while dismissing two criminal writ petitions of Sandeep Salgaonkar and one Raees Khan. Hence, a criminal trial against both will start for allegedly abusing and assaulting the advocate.
The advocate was assaulted on September 27, 2018 during a site inspection of illegal houses built on the hill slope of Gangoz in Salvador do Mundo.
The trial will commence against a taxi driver Damu Redkar, who has reportedly fled to the UK while, a fourth accused Bhagwant Naik, against whom another criminal case is pending, will also face the trial with the former Sarpanch and Khan.
The bogus complaint was lodged by the then panchayat secretary Avinash Palni, who was sent for a medical examination with Salgaonkar, and the medical certificate declared that neither Palni nor Salgaonkar had suffered any external injuries. O Heraldo chief photographer had photographed the assault.
Justice Sonak on behalf of the bench asked, “Is this the way you treat an advocate? There were only two of them surrounded by a whole mob of owners of illegal houses. The entire panchayat was there. Is he a Superman? Do you expect us to believe this concocted tale of the secretary and former sarpanch?”
Senior advocate Surendra Dessai, who appeared for Albuquerque told the court that the Mumbai advocate visited the site at 10.30 am and clicked photographs of the many illegal houses which had sprouted on the hill with water and electricity connections. He was accompanied by his 85-year-old client, John Menezes, who cannot walk properly due to defects in the knees. Menezes owned two plots of land, which was blocked by an illegal house.
The senior advocate pointed out that both, Menezes and his advocate had approached the Porvorim police station asking for police protection during the site inspection. Adv Albuquerque mentioned in his petition then DySP Kiran Poduwal, as having allegedly assured the advocate of sending a police jeep. But no police vehicle was sent during the site inspection.
After Adv Albuquerque was brutally thrashed by the mob and allegedly by the Sarpanch, he rushed to the Porvorim police station at12.30 pm and was sent to the government hospital, Mapusa for a medical check-up, which revealed several simple injuries and contusions on his arms and legs.
In open court, Justice Sonak remarked, “What is going on in Goa? How can you treat a lawyer like this? Nobody will dare to complain against illegal constructions if a lawyer is beaten up. Tomorrow they may assault us (judges) as well. Nobody will be safe. There was a no-confidence resolution passed against the Sarpanch. Is this the same petitioner who is before us? The other petitioner Raees Khan said in his petition he was not present during the site inspection but the photos clearly prove the opposite.”
The judges went on to remark that earlier another advocate had been beaten up by some policemen attached to the Porvorim police station but all the advocates supported that advocate. “In this case too, an advocate has been beaten up. But now, all of you are defending your clients,” Justice Sonak remarked on behalf of the bench. Senior advocate Dessai rose to jocularly state that he too could be beaten up because he represented Adv Albuquerque.
The trial against Sandeep Salgaonkar, Raees Khan, Bhagwant Naik and Damu Redkar, who has absconded will soon start in the Judicial Magistrate First Class (JMFC), Mapusa.
