Meanwhile, the 22 accused have filed the undertaking of not filing a counter case against the government, while the intervention application of Adv Aires Rodrigues was kept on hold by the judge as there was no submission before the court on withdrawing the case. Rodrigues has stated that he would file the intervention at the next hearing.
The accused have alleged that the intervention application was a politically-motivated move to delay justice to them. They appeared before JMFC Pooja Kavlekar on Thursday and filed the undertaking, which a condition laid down by the government for submitting its letter of intent to withdraw the case.
“The final decision to withdraw the case lies in the hands of the Assistant Public Prosecutor, which she will start drafting now after the affidavits of no-counter case against the Government are sworn-in by the accused,” said Adv Rajeev Gomes, who is representing most of the accused.
Meanwhile, Adv Rodrigues submitted to the court that the process in which the case is being withdrawn is contrary to the law laid down by the High Court and Supreme Court. He said, “I am only intervening to the point that the move of the prosecution is contrary to the law.”
Aires has decided to move the intervention application as and when the submission of withdrawal is made by the Assistant Public Prosecutor.
Criticizing the intervention application, the 22 accused, who attended the hearing on Friday, said that all of them had signed the undertaking voluntarily, which showed that they wanted the case to be dropped. They have also raised questions about who wants to delay the case against their wishes.
