CJM expresses frustration over lack of prosecution in long-running case
Activists and MLA Venzy Viegas, accused by the Railway Protection Force of blocking the railway tracks at Arossim in 2020, outside the Court of Chief Judicial Magistrate, Margao after Thursday’s hearing.
Photo Credits: Santosh Mirajkar
MARGAO
As the 2020 case registered against anti-track doubling activists drags on in the courts due to a lack of prosecution, Special Judicial Magistrate, Margao, Carlo Santana Da Silva sent a warning loud and clear to the Special Public Prosecutor representing the Railway Protection Force that the court would not tolerate “guest appearances” in the case.
When the criminal case about the track doubling at Arossim village came up before the Chief Judicial Magistrate, Margao, who is conducting trials involving MLAs and MPs charged in criminal cases, the Special Public Prosecutor representing the Railway Police was conspicuous by his absence. The judge asked the railway police official present in the courtroom, seeking to know the whereabouts of the Special PP. “Where is the special PP?” the judge asked. When the railway police officials moved an application for the exemption of the special PP, Judge Carlo rejected the application for exemption.
A visibly agitated CJM pointedly warned the Special PP that the court expects him to remain present on each date of hearing and will not tolerate “guest appearances” before the court.
“It is high time the prosecution and the Special Public Prosecutor start showing seriousness and utmost diligence,” Judge Carlo added.
Saying "enough is enough", the CJM stated that a "last and final opportunity" is given to the special PP to appear and take up the matter.
The CJM observed that the Special PP was told by the Court to appear and conduct the prosecution in January last, adding, “We are on March 27 now, but the Special PP has still not come to conduct the prosecution.”
The CJM later adjourned the matter for June 17 for arguments before the framing of charges against the accused persons.
Though the Railway Protection Force registered criminal cases against the 11 activists for their agitation against the track doubling project at Arossim in 2020, there has been no progress in the case, with the court yet to frame charges in the matter. Sources attribute the delay to the absence of the special public prosecutor.
The case was transferred to the Chief Judicial Magistrate’s court as it handles criminal trials involving MPs and MLAs, with Benaulim MLA Venzy Viegas among the accused.
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Arossim activists slam deliberate delays and harassment in case
MARGAO: The activists accused in the Arossim anti-track doubling agitation have slammed the government for what they call "harassment" of those opposing the project.
Speaking outside the court, activist Abhijit Prabhudesai and Benaulim MLA Venzy Viegas, both named in the charge sheet, expressed their frustration at the prolonged delays in the case.
Prabhudesai pointed out that the accused had attended multiple hearings, but the government’s public prosecutor had repeatedly failed to show up. “It’s now over three years since the case was filed and all the accused must have turned up for the hearing, but the government public prosecution has remained absent. The government is harassing the people like this. Their only fault was that they had come out to save Goa and its environment,” he said.
MLA Venzy echoed the sentiments, stating that the case has dragged on for four years without progress. “What we have seen is only 'Tarik pe Tarik' (delays upon delays). This has to stop now. The people of Goa are fed up. There is no democracy in the State,” he said, vowing that the people of Goa would continue their fight to protect the environment.
Defence lawyer Adv Mevlon Afonso, representing the accused, denounced the case as a means to harass the activists.
“The social activists have been cited as accused only because they dared to raise their voices against the government. The CJM has given the last and final opportunity for the special PP to appear before the court or has threatened to pass an order,” Adv Mevlon told the media.
The Railway Protection Force has accused the activists of disrupting rail traffic during an anti-coal protest on December 18, 2020. The RPF’s complaint claims that over 200 people gathered between Cansaulim and Majorda railway stations, shouting slogans to halt the transportation of coal. The activists allegedly squatted on the tracks, causing delays to train services. The RPF named Abhijit Prabhudesai as one of the leaders of the protest.
