MARGAO
The Judicial Magistrate First Class, Margao has discharged all the candidates, who were booked by the Fatorda police for mass gathering during the process of filing of nomination papers and for allegedly violating the COVID-19 broad guidelines issued by the Election Commission of India and the South Goa district Magistrate.
The Fatorda police had booked under section 188 and 269 of the IPC a number of candidates, including Vijai Sardesai, Usha Sardesai, Damu Naik, Avertano Furtado, Digambar Kamat, Sandesh Talekar, Venzy Viegas, Manohar Ajgaonkar, Cruz Silva, Desmond Fernandes, Churchill Alemao, Valanka Alemao, Rehan Mujawar, Ulhas Tuemkar, Bento D’Silva, Yuri Alemao, Santosh Faldesai, Jorson Fernandes, Dagley Fernandes, Savio D’Silva, Wilfred D’Sa, Mariano Godinho, Alexio Sequeira and others, who filed their nominations on January 27, 2022, at Mathany Saldanha Administrative Complex, Margao, Goa, for the Goa Legislative Assembly Election 2022.
The police had alleged that during the process of filing their nominations, the candidates had crossed the demarcated line and created mass gathering along with other unknown persons and failed to adhere the Covid safety protocols and ensure Covid appropriate behaviour, thereby violated the Covid-19 broad guidelines issued by Election Commission of India and District Magistrate, South Goa. They were further charged for disobeying the Orders promulgated by the public servant and also acted negligently, which is likely to spread infectious Covid- 19 disease.
In his order, JMFC Carlo Da Silva observed that the Fatorda Police Station had no locus standi to even register the FIR under Crime no. 15/2022, on 28.01.2022 and conduct the investigation and file the present charge sheet.
“The Court gathers that it cannot take cognizance of the offence under section 188 IPC, since the proceedings are not based on a complaint filed by the public servant concerned or by a public servant who is administratively subordinate to the public servant concerned, in view of section 195(1) CrPC.
In the Memorandum dated 23.01.2022, Paresh Volvoikar presents himself to be Deputy Collector and SDO, Margao. As mentioned, Paresh Volvoikar (who filed Memorandum dated 23.01.2022) was not the public servant concerned and was also not a public servant who is administratively subordinate to the public servant concerned”, the Judge said.
“The complaint was not filed by the District Magistrate and District Election Officer, South Goa. Consequently, I must record a finding that the complaint/ Memorandum dated 23.01.2022 was not filed by the public servant concerned or a public servant, who was administratively subordinate to the public servant concerned. In these circumstances, in view of the specific bar contained under section 195(1) Cr.P.C., I consider that the FIR and consequently this charge sheet stands vitiated and therefore no cognizance can be taken in these proceedings initiated under a vitiated FIR and chargesheet, filed by the Fatorda Police Station, now found to be without authority of law”, the judge added.
