MARGAO
Revenue Minister Atanasio Monserrate and wife MLA Jennifer, both accused in the Panaji Police Station attack case, have been granted permission by the South Goa Sessions Court to obtain non-immigrant visa, with the Court saying there’s no objection if the Regional Passport Office issues No Objection Certificate to the Consulate General of the United States of America, at Mumbai, for grant of non-immigrant visa to the husband-wife duo.
Sessions Judge, Irshad Agha, however, said the duo shall produce copy of the visa, after obtaining the same, before the Court in writing within a period of 15 days for records, asserting that granting of the applications would not amount to permit the duo travel abroad without the permission of this Court.
The Revenue Minister had filed the application before the court stating that he is unwell and he needs to travel to America for the purpose of medical advice.
Wife Jennifer had moved a separate application before the Court stating that she needs to accompany her husband along with other family members to America for consultation.
Though the husband-wife duo prayed for appropriate directions to be given to the Regional Passport Office directing them to issue No Objection Certificate to the Consulate General of the United States of America, at Mumbai, to process and grant non-immigrant visas, the Court said since no directions can be issued to Regional Passport Office, who is not a party to the proceedings, a No Objection Certificate can be issued in favour of the applicants in the form of granting permission to applicants to obtain visa. Production of this order before the Regional Passport Office may be sufficient to process the grant of non-immigrant visa in favour of the applicants, the Judge said.
In separate application, both Atanasio and Jennifer submitted that when they approached the concerned office, they were informed that some orders have to be issued by the Court to grant such visa since criminal case is pending against them.
The Central Bureau of Investigations (CBI), the investigating agency in the Panaji police station attack case, however, had opposed the applications. In the detailed reply opposing the applications on the ground that the applications are not maintainable, the CBI counsel had pointed out that the Court has no jurisdiction or power to pass any such order, that there is no provision of law to pass such order, that necessary documents with regard to health issues are not produced and that nothing is produced from the Regional Passport Office of denial of renewal of the visa.
The CBI had also opposed the applications on the ground that trial in the case has already started and the case is almost 16 years old and there is possibility of delay in the proceedings in the absence of the two accused.
