-------------
Offences under IPC
against the activists
143 – Member of Unlawful Assembly
145 – Joining or continuing unlawful assembly
341 – Wrongful restraint
149 – If an offence is committed by any member of unlawful assembly in prosecution of the common object of that assembly, every person who, at the time of that offence, is a member of the same assembly, is guilty of that offence
-----------------
Accused in the case
- Abhijit Prabhudesai
- Freddy Travasso
- Vikas Bhagat
- John Douglas Coutinho
- Diana Tavares
- Creson Antao
- Viriato Fernandes
- Royla Fernandes
- Sabita Mascarenhas
MARGAO
Have the Congress-turned-BJP MLAs Digambar Kamat, Aleixo Sequeira, Sankalp Amonkar, and besides BJP supporting partner, Independent MLA Aleixo Reginaldo Lourenco anything to say on the rejection of the discharge applications filed by the anti-coal activists by the Margao court in the historic November 1-2, 2020 midnight Chandor agitation?
This was one question that was raised in certain quarters moments after the Margao Court rejected the discharge applications filed by the 10 anti-coal activists in the Chandor agitation case.
For, these four ruling MLAs along with opposition MLAs, including Opposition Leader Yuri Alemao, Aam Aadmi Party MLA Venzy Viegas, besides Goa Forward Party MLA Vijai Sardesai were all part of the historic agitation, but were not booked by the police along with the 10 anti-coal activists.
The anti-coal activists had questioned the rationale of the police behind registering the offence only against the 10 when politicians along with thousands of people from across the State had descended at Chandor on the midnight of November 1-2, 2020 to protest against the three linear projects.
“The Congress turncoats had all pledged their support to the agitation against the three linear projects. These very same leaders had assured the people that the Congress would reject these controversial projects if the party comes to power in the 2022 Assembly election,” recalled an activist.
The activist added: “How come all these politicians maintain stoic silence when the activists do the rounds of the courts, fighting the legal battle, with the government foisting these trumped up and false charges against the protestors as part of the strategy to silence the people from raising their voice against the controversial project. Though there were no expectations from the turncoats and others that they would get the government to withdraw the false case, what is surprising is that they all seemed quiet.”
Digambar Kamat, who was the then Opposition leader, Aleixo Sequeira, Sankalp Amonkar, Yuri Alemao and Altone D’Costa, now all MLAs, had come in a group along with party workers with candles to participate in the historic agitation. They had to even face the ire of some activists as they questioned Congress' role in the coal handling at MPT during the party’s stint in power.
Court says Prosecution has made prima facie case against accused
MARGAO
Rejecting the discharge applications filed by the anti-coal activists in the historic Chandor agitation, Judicial Magistrate First Class, Margao, Manisha Narvekar has said that the Prosecution at this stage has made a prima facie case against the accused persons that they had a common objective to protest against the order of District Collector dated October 26, 2020.
The judge further stated that in furtherance of the same, the accused had gathered at the site of the incident, adding that their presence at the given date and time at the site of offence is otherwise not justified at this stage.
Judge Manisha said there is prima facie material which shows that even after being ordered to disperse, the unlawful assembly didn’t disperse and above all the said protest was by standing in the middle of the public road.
Referring to the arguments made by an accused that no ingredients of unlawful assembly or wrongful restrained have been made out since the road in question was already closed on November 2, 2020, given the Collector’s order dated October 26, 2020, the Judge said “But the said grounds sought for stopping the proceeding and discharging the accused persons in my view needs to be decided on the merits of the case.”
To the arguments by the defence lawyers that there is no statement recorded neither of any independent witness nor of any such persons, who were restrained or whose vehicles were restrained, the Judge observed: “To this, it has to be considered that in the present case, the offence made out under Section 341 of the Indian Penal Code, 1860 is not against a specific individual but against the Public at large and the non-examination of such witness in my view does not negate the prima facie case made out by the Prosecution at this stage.”
Activists vow to fight till the end
MARGAO
Disclosing plans to challenge the order of the Margao court before a higher court, the activists charged in the Chandor agitation vowed to fight till the end in what they termed as a false and fabricated case filed against them by the government in the historic Chandor midnight protest case.
One of the accused, activist Viriato Fernandes told the media after the Court rejected the discharge applications that they would certainly challenge the order of the Margao court before a higher court after receiving a copy of the order passed by the JMFC.
“We want to make amply clear to this government that we and the people of Goa will not be cowed down by any amount of harassment. We want to convey a strong message to the government that we are even ready to go to jail to protect the interest of Goa and Goans,” Viriato asserted.
Activist Abhijit Prabhudesai said, “We will fight till the end to get justice. We are confident to get an acquittal in the case because of the legal position.”
He added: “This is a case only intended to mete out harassment to the people agitating to protect Goa from destruction. We are ready for all the harassment and are confident that this matter will end up in acquittal.”
To a question, Abhijit said there’s no case at all in this particular matter since the Collector had already closed the Chandor road on the intervening night of November 1-2, 2020 to lay the double track. “Where is the case when the Collector had ordered the closure of the road,” he questioned.
