PANAJI
The Bombay High Court at Goa has denied permission to Altaf Yergatti, who is currently under judicial custody for allegedly having murdered activist Vilas Methar in Salvador do Mundo, to visit the office of the sub-registrar and execute some pending sale deeds.
Yergatti, who is a builder by profession and a partner of firm M/s Universal Developers, approached the Bombay High Court at Goa seeking permission to appear before the Office of the Civil Registrar-cum-Sub-Registrar for the purpose of executing Sale Deeds for sale of flats.
The applicant had filed an application before the learned Additional Sessions Judge, Mapusa, for permission to appear and execute the Sale Deed before the Sub-Registrar, Mapusa, which was rejected by the Additional Sessions Judge, Mapusa, on March 20, 2021, prompting him to approach the High Court.
The High Court, however, also rejected his application saying that there was no provision in the Goa Prison Rules to allow for such a situation and if needed he could authorize somebody to act on his behalf before the sub-registrar.
“I am afraid that under trial a prisoner of such a heinous crime is allowed to carry on business on the ground of infringement of his fundamental right under Article 19(1)(g) his detention itself will be meaningless. He was detained as per the procedure of law and, therefore, his fundamental right to carry out business is suspended by the lawful procedure. In absence of any provision in the jail manual, it is difficult to grant such permission. However, the applicant is at liberty to move the application to any other authority, if any, such provisions are available under any law. The fundamental rights are not unfettered. They are subject to reasonable restrictions,” the High Court single judge bench of Justice M S Jawalkar said.
“The applicant is having full power and absolute authority to substitute and appoint in their place and stead on such as they think fit one or more attorneys to exercise all or any of the powers and authorities hereby conferred and to revoke any such appointment from time to time and so substitute or appoint any other or others in place of such Attorney. As such, the applicant has the power to appoint further power of Attorney and for that reason, he need not go to the Office of the Registrar,” the judge said.
Yergatti is alleged to have masterminded the murder of Vilas Methar, who along with his wife Harita Methar were filing complaints against the real estate project “The Mistry Green” belonging to Yeragatti before different authorities.
Vilas Methar was killed by pouring combustive substances in the broad daylight. The crime was committed serious, brutal and grave in nature, and executed in a very cruel manner.
Yergatti claimed that his right to carry on trade and profession including the right to convey property in course of such business is an essential fundamental right enshrined under Article 19(i)(g) of the Constitution of India and the same do not stand eclipsed by the continuing incarceration of a prisoner.
