the goan I network
MARGAO
In an interesting development, Special Public Prosecutor G D Kirtani has submitted before the Judicial Magistrate First Class, Margao to drop FDA designated officer Iva Fernandes from being made a party to the petition filed by city-based lawyer Adv Rajiv Gomes in the formalin episode.
In his application, the Special Public Prosecutor said since Iva is neither necessary nor a proper party, she is not required to be impleaded, nor does she have a right of audience in a Petition under Section 156(3) of the Code of Criminal Procedure and therefore, submitted that the court drop her from the proceedings.
It was further submitted that Adv Gomes has intentionally impleaded Iva as part of a collusion between Adv Gomes and Iva to try and obtain the reliefs which will indirectly affect the Director of Food & Drug Administration against whom Iva has an axe to grind and has even filed a complaint alleging human rights violation before the Goa Human Rights Commission.
The court has adjourned the matter to February 18 for reply from Adv Gomes. The city-based lawyer, however, said he would oppose the application made by the Special Public Prosecutor.
“Even after having sought multitude adjournments since November 22, 2018 to file reply in the formalin case, the police have today interestingly urged the court to drop Iva Fernandes, FDA designated officer from the case; perhaps so that she does not place the true facts before the court, which will corner the police and
compel them to investigate the formalin scam,” Adv Gomes said.
He further said that intriguing also is the fact that Iva has till date also sought time on multitude occasions to file her reply on the
claim that the FDA has not appointed an advocate to represent her.
THE APPLICATION
The Special Public Prosecutor says since Iva is neither necessary nor a proper party, she is not required to be impleaded, nor does she have a right of audience in a Petition under Section 156(3) of the Code of Criminal Procedure and therefore, submitted that the court drop her from the proceedings
