Activists allege govt inaction, claim strategy used to weaken opposition to the movement
File photo of the historic Chandor midnight agitation against track doubling project.
MARGAO
Margao Chief Judicial Magistrate (CJM) Shubada Dalvi’s decision to issue a bailable warrant against the Goa Police Investigation Officer in the Chandor midnight agitation case related to the track doubling project has once again brought to the fore the contentious issue – the prosecution’s apparent lack of seriousness in fast-tracking trials of the double tracking cases pending before the courts.
This is not the first instance where the Margao CJM has pulled up the investigating agency and the prosecution for its repeated absence during court proceedings. Earlier, ex-Margao CJM Carlo Da Silva had also warned the Railway Protection Force (RPF) in the Arossim track doubling case to ensure that their lawyer remained present during hearings, failing which the court would proceed in their absence.
The latest warrant against the Maina-Curtorim police Investigation Officer, who failed to appear for two consecutive hearings, has further reinforced the activists’ long-standing allegation that the government is deliberately delaying the trials to harass and demoralise them.
Social activist Abhijit Prabhudesai, who has been chargesheeted in as many as three track doubling cases filed by the Goa Police and RPF, squarely blamed the government for the prosecution’s inaction. “This is a time-tested tactic adopted by the government to cause delays in the trial and demoralise social activists who are fighting against the track doubling project and to stop Goa from becoming a coal hub,” he said.
Prabhudesai argued that the cases have no legal basis and were filed at the government’s behest.“In the Chandor case filed by the Maina-Curtorim police, ten activists were charged with unlawful assembly and restraint, even though the then South Goa Collector had ordered the closure of the road near the railway crossing to facilitate track-laying work,” he pointed out.
He further warned that such tactics would not deter the movement. “The government will be sadly mistaken if it believes that delaying the trials will demoralise us. On the contrary, these tactics have strengthened the resolve of the activists and the people of Goa to continue their fight to save the State from destruction.”
South Goa MP Captain Viriato Fernandes, who is one of the accused charged in the track doubling case, had also criticised the government for being responsible for repeated adjournments in these cases. “The government will not succeed in its attempt to demoralise the activists and the people of Goa fighting to save Goa. Such attempts will only motivate the people and strengthen their resolve to carry forward their movement to protect Goa and save the State for posterity.
IO summoned as court seeks clarity on plea for fresh probe
MARGAO: The Chief Judicial Magistrate (CJM), Margao, had asked Investigation Officer (IO) PI Arun Desai, who heads the Maina-Curtorim Police Station, to appear before the court—apparently to seek clarity on the application filed by the police seeking permission to conduct further investigations in the Chandor midnight agitation case.
Notably, several social activists chargesheeted in the case have already filed strong objections to this application for further investigation.
During the previous hearing, the IO’s absence was conspicuous, prompting the CJM to adjourn the proceedings. When the matter came up again earlier this week, the IO remained absent despite being duly informed of the hearing by the Assistant Public Prosecutor (APP).
According to the activists, the application for further investigation filed by the Goa Police has been pending before the court for nearly eight to nine months, ever since the Maina-Curtorim police moved the plea in January this year. The court is yet to deliver its ruling on the matter.
Sources indicate that the repeated absence of the Investigation Officer has contributed significantly to the delay in the trial.
Social activist Abhijit Prabhudesai, one of the accused in the case, was forthright in his criticism.
“The Goa Police now wants to further investigate the Chandor case, nearly five years after thousands of Goans gathered in Chandor to protest against the track doubling project. This is nothing but a clear attempt to cause further delay in the trial,” he said.
Prabhudesai further questioned the IO’s continued absence. “Even assuming the police wish to conduct further investigations, why is the IO not appearing before the court during the hearings? The reason is simple—the government is not interested in ensuring the early disposal of the case,” he added.
Court notes absent Investigation officer, no communication received
After the Investigation Officer failed to appear before the court, Chief Judicial Magistrate (CJM) Shubada Dalvi noted that the Roznama (court record) clearly reflected that no communication or submission had been received from the Investigating Officer.
Taking serious note of the repeated absence, the CJM issued a bailable warrant against the Police Inspector of the Maina-Curtorim Police Station. The warrant was ordered to be executed through the Superintendent of Police (South), with a copy sent to the Deputy Inspector General (DIG), along with an intimation that the matter pertains to a Special High Court direction.
Former CJM’s observations in Arossim case
In an earlier instance, a visibly agitated former Chief Judicial Magistrate (CJM) of Margao, Judge Carlo Santana Silva, had issued a stern warning to the Special Public Prosecutor (SPP) representing the Railway Protection Force (RPF) for his repeated absence during hearings.
The courtroom witnessed anxious moments when RPF officials attempted to file an application seeking exemption on behalf of the absent prosecutor. Expressing strong displeasure, the then CJM remarked that “enough is enough” and granted the SPP a “last and final opportunity” to proceed with the case.
Fresh application to include station diary extracts, record key witnessesA glance at the application filed by the IO, Maina-Curtorim police stated that during the protest, police inspectors and staff from several police stations were deputed for bandobast duty at the Chandor outpost to manage the law and order situation. The application, however, states that it was inadvertently omitted during the initial investigation to collect the station diary extracts documenting the deployment of personnel from the various police stations.
The application further states that this station diary extracts are essential to establish the presence of the complainant and witnesses at the time of the incident.
The police informed the court that the statements of key government officials – Salcete Joint Mamlatdars Raghuraj Faldessai, Dattaraj K Gauns Dessai (Joint Mamlatdar-III), and Gaurav S Gaonkar (Joint Mamlatdar-VI) – also remained to be recorded.
“The eye-witness testimonies of the mamlatdars are material and essential for this Court to effectively adjudicate and evaluate the truth in the case,” the police application further stated.
