MARGAO
The Power rebate scam allegedly involving former Minister Mauvin Godinho and others threw up a host of interesting and crucial questions in the Additional South Goa Sessions Court when the matter came up for hearing on Tuesday.
One, did the Crime Branch file an application for re-investigation or further investigation in the power rebate scam on April 16, 2001 two years after the Judicial Magistrate First Class, Panjim had in 1999 granted an application filed by the CID, ACB for the closure report as “C” Summary?
And, two, did the JMFC, Panjim on April 16, 2001 pass any order granting the application moved by the Crime Branch or whether the application was granted for reinvestigation or further investigations into the case?
Even as the public prosecutor and the defense lawyers will be busy hunting for the copies of the Court order passed around two decades ago, dated April 16, 2001 to be precise, another question did the rounds in the corridors of the South Goa Sessions Court -- what would be the fate of the trial in the event it is found that the JMFC, Panjim had ordered for re-investigation, which the accused now insists is not provided in the Criminal Procedure Code.
While the answer for the last question will depend on the documents the Prosecution and the Defense lay their hands on in the next one week, Additional South Goa district judge, Vincent D’Silva has directed both the prosecution and the defense to get certified copies of the JMFC order dated April 16, 2001 at the next date of hearing scheduled next week.
When the matter came up for hearing before Judge Vincent D’Silva on Tuesday morning, one of the accused drew attention of the Court to the fact that the Crime branch had moved the JMFC in 2001 for re-investigation of the case. The accused further made an interesting claim that the JMFC did not pass any order in the case, contending that the Court had granted the application filed by the Crime branch for re-investigation. Insisting the CrPC does not provide for re-investigation in a criminal case, but for further investigation, the accused prayed that his application for discharge be granted by the court.
When Judge Vincent asked the Public Prosecutor D Korgaonkar for his comments on the claims made by the accused, the Prosecutor said he has written a letter to the Superintendent of police, Crime Branch to shed light on the Court order dated April 16, 2001.
He further submitted to the Court that he would send a reminder to the SP, Crime branch today itself so that the documents are kept ready for submission at the next date of hearing.
Incidentally, the attention of the Judge was drawn to the fact that in the chargesheet filed by the Crime Branch against Mauvin and six others, the Index does not make any mention of the JMFC order called for reinvestigation or further investigations.
In order to clear the air of uncertainty and doubts over the exact order passed by the JMFC, Panjim on April 16, 2001, Judge Vincent told both the prosecution and the defense lawyers to apply from the certified copies of the JMFC order from the Court and produce the same at the next date of hearing.
Mauvin Godinho as well as former Chief Electrical Engineer T Nagarajan have filed applications to stop the proceedings and discharge on the plea there’s no provision in the Code of Criminal Procedure for reinvestigation in a case.
At the last date of hearing, public prosecutor, however, had prayed for the rejection of the applications for discharge, stating that the application filed by Mauvin is bad in law, not maintainable and deserved to be dismissed.
