Sessions Judge P V Sawaikar adjourned for reply and arguments the application filed by Advocate Aires Rodrigues, seeking to be impleaded in the criminal revision application by the state on Wednesday challenging the order of the Margao Judicial Magistrate First Class (JMFC) Bosco Roberts. The JMFC issued the warrant authorising the police to look out for absconding convicted legislator Francisco (Mickky) Pacheco at 10 Akbar Road in Delhi.
Pointing out that he is a proper and necessary party in the matter, Rodrigues in his application to the court sought that he be impleaded in the matter so that he is able to place the correct facts and legal position before the court.
Stating that it was on his application that the Margao JMFC on April 9, 2015, had issued the warrant of arrest against Pacheco, Rodrigues submitted that the search warrant on Wednesday was also issued after he drew the JMFC’s attention that there was information that Pacheco was hiding at 10 Akbar Road.
Further stating that the criminal revision petition filed by the government on Wednesday was misconceived and untenable, Rodrigues stated in his application that the Goa government had no locus standi as it could not be aggrieved by a search warrant issued on 10 Akbar Road in Delhi.
In his application Rodrigues also alleged that the state, instead of upholding the rule of law, was going overboard to protect a now convicted criminal, merely because he happens to be a very influential politician.
Rodrigues also argued that Mahesh Amonkar, who is the additional public prosecutor in the High Court, did not have the jurisdiction and authority to file the criminal revision petition before the Margao district court.
Meanwhile, Margao Judicial Magistrate First Class (JMFC) Pooja Kavlekar will pronounce on Monday her order on the petition filed by Rodrigues seeking directions to the Colva police to register an FIR against Pacheco under Section 172 of the Indian Penal Code for the offence of absconding to evade arrest. The fresh warrant of arrest issued against Pacheco on Wednesday is also returnable on Monday.
Pacheco has to undergo a six month jail sentence imposed by the Bombay High Court at Goa for having assaulted Electricity Department Junior Engineer Kapil Natekar in 2006. The Supreme Court on March 30 upheld the High Court order while dismissing the special leave petition filed by Pacheco.
