MARGAO
Once again, no government lawyer appeared for the State in the 2001 Ticketgate case even as the Court of Judicial Magistrate First Class, Margao posted the matter for final arguments next week.
That’s not all. The matter was Wednesday fixed for the recording of statements of the accused persons under Section 313 of the CrPC, but the process was dispensed with as no evidence has come on record against any of the nine accused persons, including former Goa Cricket Association chief Dayanand Narvekar.
During the hearing, Judge Carlo observed that it has been found after perusing the records that there is no material to record the state of the accused under Section 313 of the CrPC.
The Judge observed that the prosecution has not brought on record evidence to prove that the tickets sold were fake. The Judge further observed that the prosecution has not produced the forensic evidence to prove the genuineness of the tickets on the day of the April 6 ODI match between India and Australia at the Jawaharlal Nehru Stadium, Fatorda.
As the process under Section 313 of the CrPC was dispensed with by the court for recording the evidence of the accused persons, Judge Carlo posted the matter for final arguments. In fact, given that the prosecution has cited nine accused in the case, the Judge has suggested to the defence lawyers that any one of them may read the synopsis of the case on the day of the final arguments on July 8.
Judge Carlo started the proceeding in the case on Wednesday by calling for the Special Public Prosecutor, who was once again conspicuous by his absence.
The defence lawyers representing Dayanand Narvekar and others told the media after the hearing that the court dispensed with the process since no evidence had come on record against the accused.
Former GCA president Dayanand Narvekar, then GCA Secretary Vinod Phadke and five other accused were personally present in the courtroom when the matter was called by Judge Carlo on Wednesday.
The Margao police had charged Dayanand Narvekar and GCA officials Ramshankar Das and Vinod Phadke for allegedly entering into a criminal conspiracy with the ticket contractor Chinmay Fallari for the sale of tickets by manipulation in the tender for a consideration of Rs 68 lakh.
WHY IS GOVT DRAGGING ITS FEET ON PUBLIC PROSECUTOR APPOINTMENT?THE GOAN NETWORK
MARGAO
Why is the government dragging its feet to appoint a Special Public Prosecutor or draft a regular public prosecutor to represent the State in the ticket scam despite the warning handed out by the Trial Judge to dismiss the matter for want of prosecution?
A glance at the Roznama proceedings of the sensational case reveals that Judicial Magistrate First Class, Margao Carlo Santana Da Silva had sounded a note of caution to the prosecution to prosecute the matter.
When the matter had come for hearing on April 8, Judge Carlo observed after he found the Special Public Prosecutor absent that it is gathered that the State does not take serious steps to prosecute the matter.
In fact, during the hearing on April 8, Judge Carlo gave the last and final opportunity to the Special Public Prosecutor to appear before the court, and take serious and not cosmetic steps to prosecute the matter.
The Judge observed the Special PP Adv Vinay Borkar was conspicuous by his absence. It is not out of place to mention here that Adv Borkar had sent his letter to the government, to relieve him from the prosecution.
On the next date of hearing on April 16, Adv Borkar appeared in the court to submit that he has already written a letter to the Under Secretary, the government of Goa withdrawing his appearance.
Adv Borkar submitted that he has already notified the State that he is withdrawing his appearance, and since he no longer has any instruction from the State, he is not in a position to take any steps in the matter.
At the same hearing, Judge Carlo ordered the closure of the evidence of the prosecution on the plea that no steps have been taken by the prosecution to prosecute the matter.
Prosecution director yet to receive govt instructions
THE GOAN NETWORK
MARGAO
Even as the absence of the Special Public prosecutor to represent the State in the Ticketgate case did the rounds in the corridors of the Margao Civil and Criminal Court building, inquiries have revealed that the office of the Director of Prosecution has still not received any instructions from the government on how to go about with the case.
In fact, the office of the Director of Prosecution has not received any brief to date from the government to direct the regular Assistant Public Prosecutor to represent the State in the case.
Take note, it was the Home department which had appointed Special Public Prosecutor Adv Vinay Borkar and city-based lawyer Adv Pritam Moraes to conduct the prosecution in the case over a decade ago.
Both Adv Vinay and Adv Pritam have withdrawn themselves from the prosecution. The Home department, however, has yet to fill up the vacuum, as a result of which the prosecution has gone unrepresented in the court for the last two months.
