MARGAO
In an interesting development, former Power Minister, Mauvin Godinho has moved the Special Judge conducting trial in the infamous Power rebate scam to stop the proceedings and discharge him of the offenses.
Days after former Chief Electrical Engineer T Nagarajan had moved the Court for his discharge in the case, Mauvin, who is presently a Minister in the BJP-led government, on Thursday moved an application before the South Goa Additional Sessions Judge, Vincent D’Silva, contending there’s no provision in the Code of Criminal Procedure for reinvestigation in a case.
In his application, the former Power Minister submitted that though further investigation is permissible under Section 173(8) 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.
He submitted that reinvestigation can be ordered only by the High Court or Supreme Court and the Magistrate has no jurisdiction to order reinvestigation.
The former Minister has moved the application for stopping of the proceedings and discharge on the plea that the final report form filed before the Court is contrary to the provisions of law ab initio without jurisdiction and authority of law.
In his application, Mauvin has stated that a number of facts are revealed subsequent to the application filed by former Chief Electrical Engineer T Nagarajan, saying the new facts goes to the root of the matter and ex facie demonstrates that the charge sheet filed is malafide in law, terming the charge sheet as ultra vires of the provisions of the code of Criminal procedure.
“The closure report came to be filed as ‘C’ Summary by the CID, ACB, Goa Police, which application came to be granted in the Judicial Magistrate First Class at Panjim.
“Thereafter on 16.4.2001, an application fee denova reinvestigation came to be moved by the Additional Superintendent of Police, Crime Branch in the Court of Judicial Magistrate First Class C Court at Panjim”, he said, adding that application for denova reinvestigation came to be granted by JMFC, Panjim.
He further stated that these facts do not form a part of the subsequent final report for filed under Section 173 of the Code of Criminal Procedure. “The JMFC has no jurisdiction in law to order denova investigation or reinvestigation in terms of Code of Criminal Procedure and consequently the present charge sheet filed before this Court is without jurisdiction and without the authority of law”, Mauvin stated, adding that the order directing denova reinvestigation is ultra vires of the provision of the Code.
He further submitted that the state has not conducted any further investigation in terms of section 173(8) of the CrPC, but has conducted reinvestigation, which exercise is not permissible in law, asserting that reinvestigation can be ordered only by the High Court or the Supreme Court and the Magistrate has no jurisdiction to order reinvestigation.
Judge Vincent has fixed hearing of the case on May 23 for arguments on the application filed by Mauvin Godinho and T Nagarajan.
