Will the Court of Judicial Magistrate First Class, Margao take up the infamous Velim Church attack case for withdrawal when the matters comes up for hearing on March 30?
This question has come to the fore as the JMFC, Pooja Kavlekar, who was hearing the matter, stands transferred and promoted as Chief Judicial Magistrate, Panjim. Though it’s now a month since Judge Kavlekar was transferred to Panjim, the government is yet to fill up the vacancy.
In the absence of a full-fledged Judge, the government has given additional charge to III Additional Judge, Vijailaxmi Shivolkar, who is holding charge of two additional courts.
Both the public prosecutor and the accused in the Velim Church case appear keeping their fingers crossed, not knowing whether the III Additional Judge, Vijayalaxmi Shivolkar will take up the matter on March 30. Sources in the know said that the chances of the Court taking up the matter and disposing it is remote as the III Additional Judge has till date not taken up any matter previously handled by Judge Kavlekar. “Over the last one month since the charge of Judge Kavlekar’s court was given to the III Additional Judge, all the matters have been adjourned on a daily basis. This may be because the III Additional Judge is overburdened with the cases in her court”, sources in the know said.
It is learnt that Assistant Public Prosecutor Shilpa Nagvenkar has completed the process of seeking undertakings from all the 22 accused persons that they will not take legal recourse against the government after the withdrawal of the case.
Sources in the Court say the APP may also move the court for the withdrawal of the case, but whether the III Additional Judge, who is holding additional charge of Judge Kavekar’s court, will take up the matter for disposal or will adjourn the matter will be known only on March 30.
It’s now nearly two months and half since the government had decided to withdraw the Velim Church attack case from prosecution after the Director of Prosecution Shiral Monteiro issued instructions to APP to apply before the court for withdrawal of the case.
While AAP Shilpa Nagvenkar had drawn the attention of the Court to the government decision orally on January 15, she had promised to file an application for withdrawal of the case before the court at the next date of hearing scheduled on February 5.
However, when the matter came up before Judge Kavlekar on February 5, the APP did not move the application for withdrawal after two of the accused could not submit the undertakings that they will not file cases against the government.
In the meantime, social activist Adv Aires Rodrigues had made his presence felt before the court on the last date of hearing, raising questions on the government decision to withdraw the case on grounds that the prosecution has not complied with the laid down guidelines for withdrawal of the state from prosecution.
