MARGAO
The South Goa Sessions Court on Wednesday dismissed the plea by the government prosecutor to transfer the minor girl rape case allegedly involving Revenue Minister Atanasio Monserrate to a lady judge, with Sessions Judge Irshad Agha asserting the case will have to be dealt by this court as a Special Court and take all precautions to make the court a victim-friendly Court.
Public Prosecutor V G Costa has filed an application before the Sessions Court to transfer the rape case to a lady Judge citing circulars issued by the High Court and the Amendments mandating hearing of proceedings involving crimes against women by lady judge.
In his order rejecting the Prosecutor’s plea for transfer of the rape case to the lady judge, Judge Agha pointed out that in the State of Goa there are only two districts with two Sessions Judges. “Presently in the District of South Goa, there is one lady Additional Sessions Judge. As far as the Circular issued by the Hon’ble High Court, such cases will have to be dealt only by Sessions Judge. Secondly, the offence in the present case has taken place within the jurisdiction of Panjim, North Goa. After receiving the directions from the High Court of Bombay and since this Court is specially designated, it is not within my powers to transfer the case to other District i.e. District and Sessions Judge, North Goa. According to me, the above case cannot be transferred to any other lady judge,” Judge Agha said.
He added: “In the judgment and order passed by the Supreme Court, it is quite clear that a Judicial Officer shall be designated to decide all such cases on priority basis. The word ‘all’ would mean and include all the cases pending against MPs/MLA. The Notification dated 1.12.2022 states that criminal cases against the elected Members of Parliament, Members of the Legislative Assembly or Members of the Legislative Council (past and present) shall be tried by designated Special Court. In view of the specific directions issued by the Supreme Court and the Circular issued by the High Court dated 1.12.2022, the above case cannot be transferred and made over to any other lady Judge. Even earlier Circulars issued in the year 2010 and 2013 make it clear that such cases can be transferred to lady Judge as far as possible.”
The Judge further said reading of the above Circulars and proviso to sub Section (a) of Section 26 shows that as far as practicable such offence shall be tried by a lady Judge. “Proviso to sub Section (a) to Section 26 was introduced in view of the amendment to the Indian Penal Code. The proviso came into effect from 21.04.2018. The words as far as practicable by itself implies that such matters can also be dealt with by a court presided over by a male judge. Such directions are issued only to see that the victim/complainant who comes before the court is made comfortable to depose because the offences are very sensitive in nature,” he added.
