PANAJI
The Bombay High Court at Goa has quashed an FIR lodged against one Dr Olav Albuquerque who was booked in a demonstrably false case lodged by Avinash Palni, the Secretary of Village Panchayat Salvador do Mundo, alleging that during the inspection, the petitioner obstructed the Secretary and the Sarpanch of the Village Panchayat in conducting the inspection, abused them, pushed them.
The High Court, however, refused to quash the FIR that was registered based on Albuquerque’s complaint filed against the Sarpanch Sandeep Salgaocar and one Raees Ahmed Khan, who are accused of having assaulted Dr Olav Albuquerque, who was representing his client one John Menezes during a site inspection ordered by the Village Panchayat of Salvador do Mundo based on a complaint filed by John Menezes.
The FIRs relate to a site inspection carried out on September 27, 2018 in response to complaints filed by Menezes.
John lodged complaints about illegal construction in Survey No.340/1 and 342/11 of Salvador do Mundo which was in fact a private forest/orchard zone. In spite of forwarding necessary complaints to the Directorate of Panchayats, Under Secretary requesting them to conduct necessary inquiry, there was no response.
Menezes then lodged his complaint dated 05/06/2018 to the Governor of Goa and requested for initiation of enquiry. The second complaint was lodged by John Menezes dated 20/06/2018, it was forwarded to the Directorate of Panchayat from the office of the Governor with directions to conduct necessary inquiry. The Directorate of Panchayat then forwarded said complaint to the BDO, Mapusa with further directions to take site inspection and submit the report. The BDO, Mapusa forwarded this complaint to Village Panchayat of Salvador do Mundo directing them to hold a site inspection.
Accordingly, the Village Panchayat forwarded notice to John Menezes dated 27/08/2018 calling upon him to remain present at the site on 27/09/2018 at 11.00am for the purpose of inspection present at the site on 27/09/2018 at 11.00am for the purpose of inspection.
John Menezes then approached the petitioner and requested him to accompany him for the purpose of site inspection on 27/09/2018 in his professional capacity as an Advocate.
At the time of the inspection, the sarpanch- Sandeep Salgaonkar threatened the petitioner of filing false complaints and started calling the owners of the illegal structures to the site by making phone calls through his mobile. At the site, the accused along with Sarpanch members surrounded the petitioner and his client and started abusing, threatening and then the Sarpanch pushed the petitioner and threatened that he would break the petitioner's bones. All of them threatened the petitioner and his client to withdraw the complaint.
The advocate was then hit with fist blows and kicks and at the same time threatening to kill was also going on. The Sarpanch hit the petitioner on his back and threw him down on the slope and all others started kicking him on his stomach. The advocate somehow got up and started running down the slope but the Sarpanch and all other persons followed him following which he lodged an FIR at the Porvorim Police Station.
However, as an alleged “counterblast” the village panchayat secretary also filed a complaint before the Porvorim police alleging that Albuquerque who was representing his client Menezes was “obstructing” the panchayat secretary during his inspection.
