PANJIM: Wilson Godinho, brother of Minister Mauvin Godinho, charged with abetting the suicide of ex-Sarpanch Prakash Naik, has alleged that demands for his arrest are with a motive to humiliate and harm his reputation.
Wilson, on Monday, had moved the District & Sessions Court seeking anticipatory bail in connection with First Information Report (FIR) registered against him at Old Goa Police Station. A decision on the application would be pronounced on Thursday as Principal Judge Irshad Agha has reserved the order after hearing the applicant and the prosecution during the two hour long hearing on Tuesday.
Applicant’s lawyer Rohit Bras D’Sa argued that not only there is pressure on the police to arrest him but his custodial interrogation is also sought to humiliate and harm his reputation.
In a 45-minute-long argument, D’Sa also pointed out contradictions in the complaint lodged by Naik’s sister Akshata Govekar as well as FIR. “There is immense pressure on the police to arrest Wilson although there is no connection (pertaining to the case) whatsoever. Custodial interrogation sought for humiliation and harming his reputation is not going to serve the purpose. It is a false case,” he argued as Wilson and his family remained present throughout the hearing.
The advocate also brought to the notice of the court that 3-4 hours after Naik’s WhatsApp message went viral; Wilson approached the Old Goa police for recording his statement that was turned down by the police.
“After the WhatsApp message accusing him for Naik’s suicide went viral, he submitted himself for interrogation. He spoke to DySP Uttam Raut Desai and PI Krishna Sinhari. He was willing to give a statement but was told (by the police) that FIR is still not registered and therefore, his statement was not required,” D’Sa said justifying that Wilson did not abscond after the incident and this makes a strong ground for his anticipatory bail.
Reading an extract of her complaint copy, D’Sa contended that Akshata is unsure if her brother was murdered or committed suicide. He also pointed out to the manner in which the investigating team has been going ahead with the probe indicting Wilson. “Without an inquest under section 176 of Code of Criminal Procedure Code, section 306 (abetment to suicide) of Indian Penal Code would not have been registered. The police have jumped the gun. There are glaring omissions in order to make a case against Wilson,” he further added, the argument which was vehemently objected by the prosecution.
Public Prosecutor Poonam Bharne said the applicant was “playing with words and giving different colour to the FIR.” She explained to the court that FIR does not mention every bit mentioned in the complaint copy but it is a part of the investigation process. “FIR is not encyclopedia about what complainant has stated. This is a preliminary stage of investigation and we are at the anticipatory bail stage, not bail stage. Wilson’s custodial interrogation is required to know the nitty-gritty of how the event unfolded,” she said adding, “Why is he fearing custodial interrogation? Why is he jumping to the conclusion?”
“At anticipatory bail stage, mere suspicion is enough for recording of statement. The probe needs to be thoroughly carried out on what kind of harassment Naik faced, what was the issue between them, etc.” she said objecting to the anticipatory bail application.
The Old Goa police on Sunday registered 306 IPC against Wilson and Tahir after the family refused to take Naik’s body demanding their arrest. The case was initially registered as unnatural death.
