MARGAO
In a major development in the historic 2020 Chandor midnight agitation against the three linear projects, the prosecution representing the Goa government has opposed the applications filed by the anti-coal activists for discharge in the case instituted by the Goa police.
When the matter came up for hearing before Judicial Magistrate First Class, Margao on Friday, the Public prosecutor filed a reply before the Court, praying for the dismissal of the applications filed for discharge.
Arguments on the applications filed by the activists accused in the case and the reply filed by the prosecution will now come up for hearing in the Court on April 26.
In its reply, the prosecution representing the government pointed out that the applications for discharge filed by the social activists are unfounded and devoid of any merit and deserve to be dismissed.
The prosecution made a plea before the Court that Section 239 of the CrPC lays down procedure for trial of warrant cases by Magistrate instituted on Police Report. “That section 245 of CrPC lays down procedure for trial of Warrant cases by Magistrate instituted otherwise then on Police Report”, the reply stated.
The Public prosecutor submitted that at the time of framing of substance of accusation what one has to see is whether there is prima facie case against the accused or not, and meticulous consideration of evidence is not warranted.
“Chargesheet came to be filed against the accused under Sections 143, 145, 341 r/w 149 of IPC. At this stage, what the Court could at the most look into is whether a prima facie case is made out against the accused. This Court has already done that after which cognizance was taken and summons were issued to all the accused persons”, the prosecution said.
Asserting that the statements of the witnesses recorded under Section 161 of CrPC are sufficient to show a prima facie case against the accused persons, the prosecution’s reply further stated “That in the statements of CW 4,5,6,7,8 the names of all the Accused and the role played by them is categorically stated.
The prosecution drew attention of the Court to the Mulchand Motilal Raka v/s The State of Maharashtra And Anr 1996 (1) BomCR 316 which held that “prosecution should be given opportunity to adduce evidence of witnesses”. “Section 258 of the code can be resorted to where the special or unusual circumstances exist, such as non appearance of the Accused before the court for considerable time or of the important witness of the prosecution, which makes it difficult or impossible for the magistrate to proceed with the case in a normal way”, the prosecution submitted while praying for the dismissal of the application for discharge.
A total of 10 anti-coal activists have been named as accused in the historic Chandor midnight agitation, out of which four activists, including Abhijit Prabhudesai, Viriato Fernandes, Daina Tavares and Sabita Mascarenhas had filed applications for discharge.
The anti-coal activists charged by the Maina Curtorim police for blocking the Chandor on the intervening night of November 1-2, 2020 during the historic midnight agitation, includes Abhijit Prabhudesai, Freddy Travasso, Sandesh Talekar, Vikas Bhagat, John Coutinho, Diana Tavares, Viriato Fernandes, Royla Fernandes and Sabita Mascarenhas.
In the complaint, the Maina Curtorim police had alleged that the accused persons had formed an unlawful assembly and thereafter wrongfully restrained the movement of vehicular transport and other pedestrians by standing on the middle of the road for protesting against the order issued by the district Collector, South for double tracking of the railway track, thereby causing obstructions to the vehicular movement and pedestrians.
The activists, however, have consistently maintained that the charge is not sustainable since the then South Goa district Magistrate, Ajit Roy had issued an order stating that level crossing road at Chandor will be closed for traffic for five hours, between 00.00 hours to 05.00 hours on November 2.
