Questioned why prime accused's family wasn't given written intimation of charges; custody extended of all 8 accused by 2 days
PANAJI
The Judicial Magistrate First Class (JMFC), Merces, has come down heavily on lapses by the police in the arrest of Zenito Cardozo, ‘prime accused’ in the assault on activist Rama Kankonkar, questioning why no written information was furnished to the family about the charges at the time of his arrest.
While extending Cardozo and seven other accused’s police custody by two more days, the JMFC also pointed out that the arrest procedure must strictly comply with legal safeguards.
“The court cannot recall its own earlier order granting custody... Why was his (Cardozo) family now informed in writing about the arrest?” the magistrate questioned indicating procedural lapses.
During the hearing opposing Panaji police’s plea for extension of police custody, Cardozo’s lawyers argued that his arrest was illegal since neither he nor his family was informed in writing regarding the charges.
It was only his uncle who was verbally told about the arrest, the defence claimed, citing Supreme Court and High Court precedents which mandate due process during arrest. “A person cannot be made an accused merely because his name is taken by another or because he sent a WhatsApp message,” the counsel argued, adding that contacting the uncle over the phone and informing him of Cardozo’s arrest was not legally valid.
The public prosecutor countered the claims, stating that such objections had not been raised during the first remand application and therefore could not be considered now. They
insisted that the custody extension was essential, arguing that the case was in its preliminary stage and the accused was not cooperating.
The prosecution further submitted that one of the main accused was arrested after allegedly confessing to attacking Kankonkar on the instructions of Cardozo. Moreover, the police stated that he deleted the WhatsApp account and disposed of the mobile phone in the Mandovi River to destroy evidence.
The prosecution said it needed extended custody to identify the driver who allegedly aided the accused persons to flee Goa via train from Margao railway station, after the assault.
Anthony Nadar (31), Francis Nadar (28), Minguel Araujo (24), Manish Hadfadkar (24), and Suresh Naik (31), all history-sheeters, were arrested while they attempted to flee Goa while the sixth accused was arrested the next day.
The police are also to record statements of witnesses and the victim, as Kankonkar remains unfit to testify. “Doctors have informed that he cannot sign by hand, and when prosecutors visited the hospital, he refused to give a statement,” the police said.
The State pressed for a seven-day remand, citing the gravity of the crime and the need to identify those who instigated the attack. “The injured is still unable to speak, witnesses’ accounts are pending, and critical evidence remains to be recovered,” the PP argued.
Even as the court extended custody, it kept on record the defence’s objections regarding arrest procedures, stating that police will be expected to ensure stricter compliance with constitutional safeguards as the investigation progresses. While the police have called Cardozo the prime accused, it is yet to be ascertained who is the mastermind in the case.
