The very high-handed and politically tainted manner in which the 2012 Velim Criminal case pending before the Margao JMFC is sought to be withdrawn needs to be strongly condemned.
Information obtained under the Right to Information Act has shockingly revealed that is no government decision to withdraw the case. The Velim case is sought to be withdrawn on mere oral directions of South Goa Member of Parliament Narendra Sawaikar. Such political interference in the working of the Judiciary is impermissible and needs to be strongly deprecated.
Section 321 of the Criminal Procedure code empowers the Government to withdraw any criminal proceedings but only after following the due process of law which has not been done in the Velim Case. The Supreme Court and Bombay High Court has laid down the law that the government can withdraw criminal proceedings by given apt reasons only after proper application of mind including hearing the complainant and victims of the case.
The Director of Prosecution has issued illegal directions to the Margao Assistant Public Prosecutor on a mere telephone call from the South Goa MP. It is an irony that the same Director of Prosecution had last year given an opinion that the Cuncolim Police should charge sheet the 22 accused in the case under Sections 307 (attempt to murder), besides Sections 143, 144, 147, 148, 186, 323, 324, 326, 332, 333, 341, 342, 353 read with Section 149 IPC.
The manner in which the Velim case is sought to be unlawfully withdrawn is making a mockery of the justice delivery system and cannot be allowed to go unnoticed. A wrong and unlawful precedent would be set in withdrawing the Velim case in this illegal manner. Why not also withdraw all other criminal cases pending across Goa using this same yardstick.
The rule of law should prevail at all times. Criminal cases cannot be filed and withdrawn at the whims and fancies of the politicians in power.