Thursday 09 May 2024

Lawyer produces dual bail pleas to buttress cops-lawyer fixing charge

ASHLEY DO ROSARIO | JANUARY 17, 2021, 12:39 AM IST

PANAJI
Mapusa-based lawyer Vinayak Porob just blew the whistle louder in his pursuit to expose a largely prevalent nexus between a coterie of lawyers and police officers jading proceedings in criminal courts.

Late on Saturday night, Porob dispatched by 'Speed Post' copies of two separate bail applications filed simultaneously before the same court of the Judicial Magistrate First Class at Mapusa and on behalf of the same accused in a criminal case registered at the Calangute police station.

The dual bail pleas were filed by distinct lawyers as recently as on January 12 and 13.

"My colleague Advocate Swapnil Nashnolkar has brought to my knowledge that two different Advocates have filed two different bail applications of the same accused in the same crime of Calangute Police Station," Porob wrote in his submission to the Superintendent of Police (Legal and Vigilance), Bossuet D'Silva.

Silva is leading a high level probe into the lawyer-police nexus allegedly prevalent across several police stations to 'fix' bail and other criminal prosecution proceedings in courts across Goa. 

Porob had blown the lid off this nexus in a complaint memo he had filed before the Governor of Goa, Director General of Police and the Chief Secretary among other authorities a couple of months ago. 

Citing records of the court of Mapusa JMFC (G Court), Porob said, bail application No. 21/2021 was filed on behalf of the accused Yeshwant Tondikatti on January 12 and while pendent another bail plea was filed on Tondikatti's behalf in the same crime the next day (Bail Application No.25/2021).

When the JMFC questioned the maintainability of the second plea during the pendency of the first, it was promptly withdrawn.

Interestingly, the first bail plea was also withdrawn on the next day, leaving Tondikatti to suffer incarceration without a legal shot at bail, Porob said. 

The proceeding of the hearing was witnessed by Advocate Swapnil Nashnolkar who Porob said in his submission to Silva is willing to act as witness and furnish a statement. 

He (Nashnolkar) was present in the G-Court at Mapusa when the Judge questioned the maintainability of the second bail application, Porob said. 

In his complaint memo to the Governor, DGP, Chief Secretary and others, Porob had boldly put down on paper the broad contours of the modus operandi of this nexus. 

Wakalatnamas of handpicked advocates are kept at police stations and investigating officers (IOs) compel accused in their custody to appoint a particular advocate for their court battles. 

The men-in-uniform pocket part of the advocate's fees as 'commissions', Porob had alleged. 

"The IOs and some advocates are operating a syndicate to extort money from helpless accused detained in police custody" Porob had said. 

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