MARGAO: The 22 accused in the Velim case in connection with the 2012 church incident are in the process of coming together so as to as represent themselves in a single voice in the case that is to come up in the Margao JMFC.
Episcopal Vicar South Goa, Fr Lucio Dias and former Assolna parish priest who has also been accused along with Fr Romanov Gonsalves, the former Velim parish priest, said they are looking at appointing a criminal lawyer for legal advice on the case.
The 20 other Velim residents are to meet together shortly and are preparing to appear when summons are issued as they doubt the charges will be dropped any time soon. They are, however, hopeful that the matter will be discussed in the ongoing Assembly session and that Chief Minister Laxikmant Parsekar will direct the Law department to drop the matter.
Senior advocate Cleofato Almeida Coutinho commenting on the people’s resentment towards former chief minister Manohar Parrikar’s promise of getting the case dropped said Parrikar could have made a statement of closing the matter only if he was privy to information that there is no prosecutable evidence.
“If not, his statement was a clear interference with police investigation. Once the FIR is filed, the investigating officer is bound to investigate and see if there is any prosecutable evidence to file a charge sheet. In case there is no prosecutable evidence the police can close the matter and file the report to the magistrate. In case there is prosecutable evidence the police is bound to file the charge sheet,” said advocate Coutinho.
“Normally public prosecutors being government servants would not act on their own and would take that step only based upon a ‘fiat’ from the government, though such fiats have no sanctity of law. The public prosecutor has to make out grounds for withdrawal. A well established ground to withdraw prosecution is when there is no evidence in the case which would warrant a conviction. If the public prosecutor shows that the object of administration of justice would not be advanced, the prosecution would be allowed to be withdrawn by the court. The prosecutor can also withdraw in case he has good reasons that the accused have been roped in on account of political reasons,” said Adv Coutinho.
The former member of the Law Commission pointed out that since the charge sheet has been filed, the 22 persons will have to face prosecution unless the government issues a fiat to the prosecutor.
Offering his opinion on the demand that the case be withdrawn, Adv Coutinho said it may be possible only if the government issues a directive to the prosecutor to withdraw.
