PANAJI
After facing flak for laxity in action into the attack on two youth at a Baga club, the District and Additional Sessions Judge (Panaji) questioned the Calangute police’s wisdom to seek custody of Downtown Club owner Maninder Singh for recovery of weapons. The Court observed that the same Investigating Officer had earlier sought custody of five arrested staff members for the same recovery.
While granting anticipatory bail to Singh, Judge Apurva Nagvenkar referred to video evidence played in the Court, which showed the arrested staff wielding the alleged weapons.
“The clipping of the incident was played in the Open Court. The pipes were in the hands of the staff of Applicant, who had thereafter started chasing the Complainant. It was argued by Adv Palekar that he has filed bail applications for the release of 5 staff members of the Applicant, wherein the same IO has given say that the custody of the 5 members is required for recovery of the pipes and hookah-stands, and this fact is not disputed by the IO. If the said persons ran away with said article, how the IO is harping to recover it from the applicant,” the Judge stated.
Earlier during the hearing, the Calangute police opposed Singh’s plea arguing that his custody was required to recover the weapons of assault “ pipes, a hookah stand and a spray used against the complainant’s acquaintance.
Singh reportedly managed to evade arrest despite being seen at the police station to file a complaint about the incident where 10-15 bouncers brutally assaulted two local youth. The victims, who sustained serious head and body injuries, had intervened to stop a fight at the club but were thrashed allegedly as a mistaken identity.
According to the IO, Singh appeared at the police station with his staff for questioning soon after the incident but fled, switched off his phone and went into hiding. The IO further claimed the police pasted a notice under Section 35 of the BNSS on Downtown Club, directing Singh to appear at the police station for questioning on October 15, but he did not cooperate.
“The CCTV footage has been verified and Ravindra Singh, Labajit Basumata and Mohan Singh Rathore were placed under arrest on October 14 and further Jafar Shaikh and Sunil Singh were also arrested on October 15. The statements of the witnesses are being recorded, panchanama of the scene has been conducted,” the Court stated.
Singh, however, claimed that the police refused to register his complaint after the attack. He subsequently filed it via email while alleging that local youth attacked his staff and damaged club property. His complaint also accused the locals of involving in disruptive behaviour including threatening female staff and the club’s management.
While granting conditional anticipatory bail, the court observed that pepper spray is non-toxic and permitted for self-defence. Among several conditions, Singh is directed to cooperate with the investigation, not to leave India and refrain from tampering with evidence or witnesses.
