PANAJI
The High Court of Bombay at Goa on Monday dismissed a petition challenging the arrest and subsequent police remand of Dileep Morje and Dhruva Morje in the alleged assault on advocate Ankur Kumar at Morjim.
The Bench of Justice Neela Gokhale held that both were informed of the particulars and grounds of their arrest before being produced before the Magistrate. Hence, they were adequately equipped to defend themselves.
The court observed that both Morje and his son were alleged to have been members of the same unlawful assembly and to have jointly assaulted the complainant.
According to the complaint, Kumar and his client had gone to the site on July 17 in connection with a High Court demolition order when they were allegedly confronted by Morje, his son, his daughter and 8-10 other persons. The complaint alleged that the group restrained their vehicle, damaged it with stones and iron rods and assaulted Kumar and his client.
Kumar allegedly suffered serious injuries, including a fracture involving his right eye, and is undergoing treatment. The allegations also include criminal intimidation and obstruction, besides damage to property. The court recorded that dangerous weapons were allegedly used and that the identities and roles of other persons seen in CCTV footage were yet to be established.
Morje’s counsel argued that the Magistrate was influenced by an earlier High Court order directing that the investigation be entrusted to an experienced officer from another police station.
The High Court, however, rejected the contentions while noting that the grounds of arrest furnished to Morje stated they were a part of an unlawful assembly whose common object included wrongfully restraining the complainant and his client, damaging the car and assaulting them.
The Bench also rejected the argument that the Magistrate was influenced by the Division Bench’s July 20 order concerning the investigation. It found nothing in the remand order to suggest that the Magistrate had failed to independently assess the matter.
The court clarified that Morje remains free to apply for regular bail before the competent court.
