PANJIM: Two of the crusaders of Save Mollem have knocked the doors of the court challenging their arrest over a peaceful protest held against the alleged environment destruction by the government.
Captain Viriato Fernandes and Dr Bolmax Pereira, both of whom were arrested under preventive measure on December 19, have challenged the action of the police and Sub Divisional Magistrate, Panjim. Their 19-page Criminal Appeal also questions the order of the Magistrate claiming that entire proceedings before the Magistrate were fraudulent and in total violation of the Constitutional and Statutory Mandate of Law.
Anticipating law and order in the capital, the Panjim Police had arrested the parish priest and the captain under Section 151 CrPC on December 19, 2020. They were released by the SDM on strict conditions little before midnight.
The appeal before the Sessions Court, North Goa also challenges on various grounds the order of the Magistrate directing Captain Fernandes and Dr Bolmax to sign bonds and to report at jurisdictional police station.
Advocate C A Ferreira, counsel for the petitioners argued that the his clients were “never been produced before the Magistrate, there was no satisfaction recorded by the Magistrate, no show cause notice issued and the proceedings terminated without conducting any enquiry thus making mockery of the Constitutional safeguard available to any person and contrary to several Judgments of the Supreme Court, the Bombay High Court and other High Courts of the country.”
Ferreira further told the court that while some peaceful protestors were also picked up from Panjim Church square; police report indicates that only the petitioners were arrested.
Similarly, the Magistrate had claimed that all 36 people named in the police report had been produced and yet no bond was taken from the remaining 34. This shows the falsehood of the record of the proceedings, the counsel argued.
Principal District and Sessions Judge Irshad Aga has reserved matter for orders to Friday.
