PANAJI
The one-man Commission, inquiring into massive land fraud, has ruled out any possibility of disclosing details of the ongoing investigation in public domain but granted liberty to the accused to produce documents in their defence during the hearing.
In its last hearing, Chairman Justice V K Jadhav said that no individual notices will be served on the accused named in the First Information Reports (FIRs) but if they wish to, through a public notice, can submit their defence.
“The accused will not have any access to the investigation papers since the investigation is still going on. Further, the SIT (Special Investigation Team) at the stage when the investigation is in progress cannot be compelled to make their investigation and further course of investigation, open to the public,” the four-page order states.
As such, the Justice added, the Commission cannot compel accused persons to join the inquiry and submit evidence prejudicial to their proposed defence in the criminal trial. However, the accused can volunteer to appear before the Commission in response to the public notice.
“In view of the above, it may not be appropriate at this stage to issue individual notices to the accused person named in the respective FIR. However, it is open for this Commission to issue a notice at a later stage or to issue notice to a particular accused or any other person in terms of the provisions of the Section 8-B of the Commissions of Inquiry Act, 1952,” reads the order, which also directed the North Collectorate to issue joint notification of all the FIRs to publish in the newspapers.
The general public, acquainted with the subject or the accused or suspects, also has the liberty to depose before the Commission with documentary evidence on or before the next date of hearing on March 1, 2023.
The Commission has so far inspected nine properties in Assagao, Calangute, and Anjuna as the former Bombay High Court judge commenced an inquiry into the cases on January 23.
The SIT has registered 45 FIRs and arrested 25 persons including government employees, some of whom have been taken into custody more than once. The representing SIT officer has submitted case files to assist the hearing.
