Who should be worried in Goa?
TEAM HERALD
teamherald@herald-goa.com
PANJIM: The landmark Supreme Court judgement has already cost two sitting MPs ~ the Congress’ Rasheed Masood and RJD Supremo Lalu Prasad Yadav ~ their seats in the Rajya Sabha and Lok Sabha respectively. Back home, Goa too has its share of legislators who are facing trial in various cases that hold a punishment of more than two years and if convicted they stand to lose the membership of the house as according to the Supreme Court verdict they will have to vacate their seats.
Of the 40 sitting MLAs in the house, 12 candidates are with declared criminal cases of whom three have been accused of crimes such as extortion, abetment of suicide, causing grievous hurt and the like for which if they are convicted they could get sentences of above two years causing them to lose their seat from the date of the conviction.
Serious cases are pending against Atanasio “Babush” Monserrate and his wife Jennifer Monserrate representing the Santa Cruz and Taleigao constituencies respectively. They both are being tried under several charges including Section 325 of IPC “voluntarily causing grievous hurt” which carries a maximum punishment of seven years imprisonment besides a fine. The other serious charge against them is voluntarily causing hurt (Section 324 of IPC) which carries a maximum punishment of three years. The case, relating to the attack on the Panjim police station in February 2008 is being heard by a CJM.
Controversial Nuvem MLA Francisco “Mickky” Pacheco is facing charges of culpable homicide not amounting to murder which carries a sentence of as much as a life imprisonment as well as a charge of abetment of suicide. However, the case where he faces these charges is still at the investigation stage with the Goa Police crime branch and hasn’t reached the trial stage as yet. Mickky also faces charges of extortion in a case filed by a casino management for which the maximum punishment is three years if convicted.
Amongst major parties, every party has MLAs who have declared criminal cases. BJP has 7 MLAs with such cases, Congress has 3 (including the Monserrates), GVP has 1 (Pacheco) and one Independent MLA too making 12 in all.
From the BJP, Laxmikant Parsekar, Pramod Sawant and Rajendra Arlekar face charges of unlawful assembly (punishment up to six months), rioting (two years), and wrongful restraint (one month). Francis D’Souza and Dayanand Mandrekar face charges of unlawful assembly, rioting, wrongful restraint in addition to endangering life, trespass and criminal intimidation (punishment of up to two years) and causing mischief. The lone Independent MLA facing charges is Naresh Sawal who in addition to all of the above charges, faces breach of peace (punishment up to two years). Michael Lobo and Nilesh Cabral also face charges under the Town and Country Planning Act and the Motor Vehicle Act respectively. Chief Minister Manohar Parrikar had earlier announced that all such ‘political cases’ would be withdrawn.
In the mining case, an FIR of which was filed on Monday, two former CMs Pratapsing Rane and Digambar Kamat could face up to seven years if convicted for
cheating and dishonestly inducing delivery of property which are among the charges against them. However, these cases are only at the FIR stage yet and investigations are to begin.
The Supreme Court in July ruled that all the convicted MPs and MLAs in a criminal case will be disqualified from holding their offices from the day of the conviction itself, even if the conviction ruling is from a trial court.
However, the Supreme Court had a word of relief for the sitting MPs and MLAs, who if convicted in the past and now had appealed in the courts, would not be disqualified. The ruling will be effective from July 10. Any MP or MLA, if convicted from that day for a minimum of 2 years or more in a criminal case, he will be disqualified immediately.
From now on, no candidate or sitting MP or MLA can contest election from jail, or he can take rescue under the guise of appeals in higher courts.
1 Monserrates are being tried under several charges including Section 325 of IPC “voluntarily causing grievous hurt” which carries a maximum punishment of seven years imprisonment besides a fine
2 Mickky Pacheco is facing charges of culpable homicide not amounting to murder which carries a maximum sentence of life imprisonment as well as a charge of abetment of suicide
