MAPUSA
In a significant setback to the beleaguered Arpora sarpanch Roshan Redkar and panchayat secretary Raghuvir Bagkar, a Mapusa court on Tuesday rejected their anticipatory bail applications in connection with the controversial trade licence issued to the ill-fated Birch nightclub at Romeo Lane.
The order was pronounced on Tuesday evening after the court had earlier reserved its decision on the pre-arrest bail pleas. Soon after the ruling, Redkar moved a separate application seeking seven days’ interim protection to enable him to approach the High Court. The court, however, rejected this plea as well, refusing to grant any further relief.
It may be recalled that during the pendency of the proceedings, the court had granted interim protection from arrest to both the sarpanch and the secretary until the hearing on their anticipatory bail applications was completed. With Tuesday’s order, that interim relief now stands vacated.
Procedural lapses
Opposing the bail pleas, the public prosecutors placed before the court a series of alleged procedural lapses and statutory violations in the manner in which the trade licence was issued to Birch by Romeo Lane nightclub.
According to the prosecution, the decision to grant the licence was taken without placing the matter on the agenda of a duly convened panchayat meeting, in clear deviation from established norms.
The prosecution further argued that no prior site inspection was conducted before granting the licence, an omission that, they said, struck at the very foundation of due process. “The licence was granted in haste, without following mandatory procedures and safeguards,” the prosecution submitted, contending that custodial interrogation of the accused officials was necessary to unearth the full chain of events.
Another serious irregularity pointed out was that the trade licence bore the signature of the sarpanch, whereas, as per procedure, it ought to have been signed by the panchayat secretary. The prosecutors also told the court that it was only after the original property owner, Pradeep Amonkar, approached the panchayat alleging that the nightclub was operating on forged documents that the authorities swung into action. Following his complaint, an inspection was finally carried out and a demolition notice was issued against the nightclub, they said.
Defence seeks protection
The defence, while seeking anticipatory bail, is understood to have argued that the officials were being unfairly targeted for administrative decisions taken in good faith and that there was no risk of them absconding or tampering with evidence.
However, the court was not persuaded, ultimately rejecting both the anticipatory bail pleas and the subsequent request for interim relief.
Proceedings against Luthras continue
Meanwhile, in a related development, the Mapusa Additional Sessions Court is scheduled to hear arguments on January 7 on an intervention application filed by the victims’ family in the anticipatory bail pleas of Gaurav and Saurabh Luthra, who are also accused in the case.
The criminal case, registered by the Mapusa police, pertains to allegations of document forgery and cheating linked to the operation of the nightclub.
While the proceedings continue, interim protection from arrest granted earlier to the Luthra brothers has been extended for the time being.
