Babush’s lawyer submits agency has neither probed into counter plaint, nor has registered FIR in the case
MARGAO
The South Goa Sessions Court has reserved orders on the plea made by Revenue Minister Atanasio Monserrate seeking directions to the Central Bureau of Investigations (CBI) to produce the closure report of the investigation on his counter complaint in the Panaji police station attack case.
Sessions Judge, Irshad Agha, who is the Special Judge appointed by the High Court to try criminal cases against MPs and MLAs, has reserved his order on May 3.
During arguments, Monserrate’s lawyer, Adv A D’Sa submitted that the CBI neither investigated into the counter complaint filed by his client, nor registered FIR in the case as mandated by the High Court. “What the CBI has done is filed a closure report before the Judicial Magistrate First Class on the counter complaint filed by Atanasio Monserrate. The investigation into the counter complaint has a bearing on the ongoing trial in the Sessions Court since we want to confront the police officers and their role in the case,” Adv D’Sa said.
Saying that no investigation has been done by the CBI into Monserrate’s counter complaint despite directions by the High Court, D’Sa said the closure report is nothing but a summary of the case. “The CBI investigation officer should be told to file an affidavit in the case since there is a lapse on the part of the officer in not registering the FIR in the counter complaint,” he said, adding that the CBI is bound to file the closure report before the Sessions Court since the court is conducting trial in the police station attack case.
CBI Prosecutor Naushad said the application filed by Monserrate has no merits and hence prayed for its dismissal, saying the trial will only be dragged if the application is entered by the Court.
