In an interesting development, the State has prayed to the South Goa Sessions Court to dismiss the application filed by Transport Minister Mauvin Godinho for discharge in the Power rebate scam case.
Days after Godinho -- the former Power Minister -- had knocked the doors of the South Goa Sessions Court, the Court designated by the High Court to try corruption cases involving politicians, the State on Monday filed its reply in the Court categorically stating that the application filed by Mauvin is bad in law, not maintainable and deserved to be dismissed.
In the application filed by Public Prosecutor, Sanjay V Samant before Additional Sessions Judge, Vincent D’Silva, the State has contended that the Courts after considering all the material on record have come to a conclusion to frame charge against all the accused U/s 13(1)(d)(i) and (iii) of the Prevention of Corruption Act, 1988 r/w Section 120 B IPC.
Saying the case filed against the seven accused persons in the case, including Mauvin is warrant triable, the Public Prosecutors submitted before the Court that the Charge has already been explained to all the accused, adding that the Court has examined three witness and the matter is now fixed for further evidence.
The Public prosecutor has further submitted that the Court has followed the procedure pertaining to the summary filed in the Court and hence the objection at this stage is not maintainable. “It is therefore prayed that the application filed by the accused Mauvin Godinho may be dismissed”, the State submitted in its reply.
Mauvin had moved an application before the South Goa Additional Sessions Judge, Vincent D’Silva, contending there’s no provision in the CrPC for reinvestigation in a case.
The former Power Minister submitted that though further investigation is permissible under Section 1738) of the Code of Criminal Procedure, 1973, reinvestigation however is prohibited, saying the State has not conducted further investigation in terms of Section 173(8) of the Code of Criminal Procedure, 1973, but has conducted reinvestigation, which exercise is not permissible in law.
Mauvin had filed the application for discharge after former Chief Electrical Engineer T Nagarajan had move a similar application in the court seeking his discharge in the power rebate scam.
In the meantime, accused No 7, which is a company, has prayed before the Court for discharge and to stop further proceedings in the case, contending that the Judicial Magistrate First Class had no jurisdiction and power and authority to order re-investigations.