MARGAO
Former Power Minister Mauvin Godinho and others charged in the alleged Power rebate scam on Saturday submitted before the South Goa Additional Sessions Court that they are entitled for a discharge in the case since a Magistrate Court has no power to pass any order in a matter under the Prevention of Corruption Act.
Defence lawyers representing Minister Mauvin Godinho and others, on Saturday further asserted that though the Judicial Magistrate First Class, Panaji had ordered further investigations in the case, records show that the investigating agency had re-investigated the case.
Leading the arguments on behalf of Minister Mauvin before Additional Sessions Judge, Vincent D’Silva, Adv Arun Braz De Sa submitted that since only a Special Court is empowered to try cases under the Prevention of Corruption Act, the JMFC, Panaji had no jurisdiction to order further investigation in the matter. “The accused are only facing charges relating to the Prevention of Corruption Act. This Act empowers a Special Court from trying corruption cases. Hence, it is clear that the JMFC, Panaji had no jurisdiction to order further investigations in the case,” he said.
Adv De Sa further contended that though the Magistrate Court had ordered further investigations, the records clearly show that the investigating agency carried out re-investigation instead of further investigations. “The closure report is not part of the charge sheet filed by the investigating agency. Hence, it is to be inferred that the investigation conducted by the agency was not further investigations, but re-investigation”, he said, while asserting that the charge sheet needs to be thrown in the dustbin lock, stock and barrel”, he said.
He added: “Barring the High Court and the Supreme Court, the Magistrate Court has no authority to order re-investigation. The investigating agency had applied to the JMFC, Panaji for reinvestigation. A glance at the charge sheet shows the agency has only carried out re-investigation and not further investigation”.
When Judge Vincent D’Silva sought to know whether the Court can intervene in the matter when the trial has already commenced, the defence lawyers further argued that the Court can intervene and stop the proceedings at any time during the trial.
To another query from Judge Vincent why the defence did not draw attention of the Court in the past that a Magistrate Court is barred from taking up matters in respect of Prevention of Corruption Act, the defence lawyers pointed out that it was unfortunate that the point could not be highlighted in the past.
