MUMBAI SENIOR ADVOCATE AMIT DESAI ACCUSED OF CHEATING GOA GOVT BY FIVE LAKHS.
The Goa Government was billed Rupees five lakhs by a Senior Advocatefrom Mumbai Mr. Amit Desai for four hearings in the High Court henever attended. This has been revealed in the information furnished bythe Goa Police to Adv. Aires Rodrigues under the Right to InformationAct.
Senior Advocate Amit Desai billed the Goa Government Rs 3, 75,000 forappearing before the Bombay High Court at Goa on 26th, 27th and 28thNovember 2008 but the Court records do not show his appearance. Healso billed the Government for another Rs 1, 25,000 for an appearanceon 13th Jan 2009 while the records show that there was no hearing ofthe case on that day. Interestingly the Goa Government paid Adv. AmitDesai the amount without requiring him to produce an appearancecertificate issued by the High Court as is mandatory before anygovernment advocate is paid.
Documents also obtained by Adv. Aires Rodrigues under the RTI Act fromthe Home Department reveals that Advocate General of Goa Subodh Kantakhad by a note on 7th October 2008 proposed that Adv. Amit Desai beengaged at a fee of Rs 1, 25, 000 per hearing to appear for the Statebefore the High Court in the confirmation of death sentence case ofMr. Ryan Fernandes the main accused in the 2005 Vasco based Dr.Shrikant Verenkar murder case.
Adv. Amit Desai was also allowed executive class airfare from Mumbaiand stay at a five star hotel in Panaji. The Goa government alsoappointed a Panaji lawyer Mr. Ashwin Bhobe to assist Adv. Amit Desaiwith an appearance charge of Rs 5000 per hearing. Interestingly thefile notings show that on 11th July 2007 Advocate General SubodhKantak himself had agreed that Public Prosecutor Mrs. T. S. Sardinhashould represent the State in the case. The file notings also showthat then High Court Public Prosecutor Mrs. Winnie Coutinho had alsodeclined to appear in the matter as the accused Mr. Ryan Fernandes wasknown to her.
The information furnished to Adv. Aires Rodrigues further reveals thatthe Goa Government has spent a whopping Rs 11, 29, 266 on Adv. AmitDesai. Of the total expenditure incurred Rs 10 lakhs was towards Adv.Amit Desai’s court appearance charges while Rs 74,636 towards hishotel accommodation and Rs 54, 630 towards airfare expenses. Theexpenditure of Rs 11, 29, 266 incurred is from October 2008 toFebruary 2009 as the subsequent bills to date from Adv. Amit Desai arestill being processed.
The documents furnished by the Goa Police also show that Adv. AmitDesai held a two and half hour conference at Mumbai on 22nd November2008 which was attended by Public Prosecutor Mrs. T.S. Sardinha, Adv.Ashwin Bhobe and Deputy Superintendent of Police Mr. Mahesh Gaonkarwho was the Investigating Officer of the case. Adv. Amit Desai thensent the Goa Government a bill of Rs 62,500 for that Mumbai Conferenceat the rate of Rs 25,000 per hour. The government however declined topay that bill stating that he was not entitled to bill for theconference held.
It is however not known as to why Advocate General Mr. Subodh Kantakhad not himself appeared for the State in the confirmation case. It isalso not known as to why the State Government agreed to engage alawyer from Mumbai incurring such heavy expenditure though there areso many lawyers practicing criminal law in Goa. The records also donot show that the Government had made any efforts to engage theservices of any lawyer locally. A perusal of the orders recording theproceedings of the case show that Adv. Amit Desai had on least threeoccasions traveled all the way from Mumbai only to seek an adjournmentof the case while burdening the State exchequer by another Rs 1,25,000plus travel and accommodation for each of his trips.
Records of the case also reveal that since the confirmation case wasfiled in 2007 there have been already 28 hearings with the 29th onescheduled on 10th October 2011. Ironically the records reveal thatAdv. Amit Desai on 25th July this year submitted before the High Courtthat the Government was not pressing for the confirmation of the deathsentence. It is wondered as to why Adv. Ashwin Bhobe the localadvocate could not have informed this to the court instead of havingAdv. Amit Desai to come from Mumbai only to make this submission.Interestingly the Law department and the Home department have nowhowever informed Adv. Aires Rodrigues that the Goa Government has nottaken a decision not to press for the death sentence.
It may be recalled that South Goa Sessions Judge on June 15, 2007 hadawarded the death penalty to Ryan Fernandes, the main accused, andsentenced three other co-accused Mr. Francis D'Sa, Mr. Rajendra Singhand Mr. Sachin Parab to life imprisonment in the sensational murdercase of Dr Shrikant Verekar. The 55-year-old doctor from Vasco wasmurdered on Monday 17th Jan 2005 after being abducted. The body of theslain doctor was found seven hours later at Cansaulim.
A death penalty awarded cannot be executed unless it is confirmed bythe High Court. The confirmation of the death sentence seems to betaking longer than the investigation and trial of the case itself. Theconfirmation case from 2007 has been adjourned time and again inspiteof the court repeatedly making it very clear that no furtheradjournments would be granted.
Interestingly the confirmation case is pending since 2007 despite theSupreme Court ruling that the confirmation cases have to be heard anddisposed very expeditiously. This is the only confirmation casepending before the Bombay High Court at Goa. The last time aconfirmation case was filed before the Bombay High Court at Goa was in2005 against Soiru Gaonkar of Cuncolim which was disposed within ayear in 2006.
Meanwhile, Adv. Aires Rodrigues has today demanded a Vigilance probeinto all the bills submitted by Adv. Amit Desai and Advocate GeneralSubodh Kantak’s questionable role in the whole case.
Aires Rodrigues,
Ribandar, Goa.
September 18, 2011
September 16, 2011
DOES GANDHIGIRI, ANNAGIRI INSPIRE DADAGIRI AND GOONDAGIRI?
By Nisser Dias.
15th Sept 2011
In recent times or to be more specific since April Indians (minus politicians) of all hues came together as one to support 74 year old Anna Hazare in his fight against corruption or rather to make elected representatives accountable for their actions. We have observed in recent times that Union cabinet minister have caused losses to the country to tune of lakhs of crores of rupees. While some are cooling their heels in the Tihar jail as criminals, there are many who have got away scot free. There are as many in our state too.
Be that as it may our countrymen tend to follow prevalent trends. During the end of 2003, polity of this country were hugely inspired by Bollywood movie Munnabhai MBBS starring droopy eyed Sanjay Dutt. The movie was a runaway success and since Dutt professes “jaddo ke chappee” non-violence method of bridging gaps in relationships the term Gandhigiri came to be coined. That Sanjay Dutt was an accused in the Mumbai blast in and was convicted under Arms Act is a different matter.
But the fact of the matter is Mahatma Gandhi did resort to fast unto death to protest injustice, violence and even untruth by his companions, comrades, followers and the Indians at large, but the difference was the ‘Father of the Nation’ undertook this fasts either in his abode or Sabarmati Ashram where not a single individual was inconvenienced but made everybody including the governors of British empire to sit up and take notice. There was not a single individual including his wife to keep accompany him in the fast, though she would worry and urge him to end his fast.
It was not at all a grand display or posturing. It was neither a show of strength or an exhibit of oratory skills, but was simply a protest to right a wrong and as Gandhiji himself would meekly put it as self purification. Nonetheless Mohandas K Gandhi – a barrister at law in South Africa return to his country and brought the might British Empire to its knees and forced them to handover reins of administration to the country men and leave India. This is example of true grit and determination.
But gone are the days when true statesman, patriots used to resort to penance to force others to introspect and realize that they were wrong. When nobody even the government refused to take cognizance of such protests came in what is now known as Annagiri. To resort to Annagiri you have seek permission from various authorities like the district administration, police, traffic cell and lots others. The permissions or NOCs are required so that the routine life is not paralyzed or common man is inconvenienced or that there is no law and order situation arising from the protests.
Though these type are well publicized and stage is erected with huge shamianas provided with chairs and even fans for thousands of supporters and in some cases air conditioners for the main activists with doctors attending them round the clock, ambulances stationed and equipped with the latest gadgets and life saving drugs and the works, police protection 24 hours a day. Providing foods for tens of thousands of supporters. Collection and accepting donations to the tune of crores of rupees or lacks of dollars. Mahatma Gandhi would have not only rebuked such practice but would have undertaken another fast to put an end to such practice
There are backroom talks to resolve the matter and backroom channels working to convince the protestors to call of the hunger strike. Functioning of the Parliament is derailed with either the Opposition or political party having political interest disrupting the working of the parliament or legislative assembly.
Take the example of Anna Hazare protest. Wide publicity by the minute, national news channels competing with each other to increase its ratings forcing the government to faulter, comprise and finally give in to the demands. There was no such a hype when Mahatma Gandhi resorted to hunger strikes. Basically the common man was not put to hardships because of the protest.
Some in the year 2006 BJP in Goa tried to gain some cheap publicity. Zuari bridge continued to remain closed for heavy vehicles even after repairs were done because the concerned minister could not schedule time to officially declare it open. So the BJP workers swooped on the Agassaim side of the bridge and blocked the bridge paralyzing even light vehicles from using the bridge thereby causing hardships to the thousands of commuters. Manohar Parrikar addressing the media said that his partymen had resorted to Gandhigiri to protest, however for commuters who were inconvenienced called it dadagiri.
Last year BJP paralyzed the entire state to protest against price rise. They saw to it bandh was total with all the markets and shops downing their shutters. More recently BBSM called for a bandh and its supporters were literally threatening shopkeepers, businessmen to close their establishment to protests against the grant-in-aid being extended to schools that use English as medium of instruction. This was not Gandhigiri or Annagiri but goondagiri.
Let us take the example of Balli carnage. Schedule Tribe came to Balli to my their protest against the government for not fulfilling their demands. They not only inconvenienced the general public at large but went on to indulge in arson and rioting. They did not even spare the Collector and top police officials. ST community members torched government vehicles causing loss to exchequer and after causing a loss of lakhs of rupees they are demanding twelve percentage reservations for legislative assembly elections. These are not peaceful protests or Gandhigiri or Annagiri but dadagiri and goondagiri.
Send your comments/reactions to nisserdias@gmail.com Or SMS 9422437029)
(Nisser Dias writes a regular column in GT every Thursday).
15th Sept 2011
In recent times or to be more specific since April Indians (minus politicians) of all hues came together as one to support 74 year old Anna Hazare in his fight against corruption or rather to make elected representatives accountable for their actions. We have observed in recent times that Union cabinet minister have caused losses to the country to tune of lakhs of crores of rupees. While some are cooling their heels in the Tihar jail as criminals, there are many who have got away scot free. There are as many in our state too.
Be that as it may our countrymen tend to follow prevalent trends. During the end of 2003, polity of this country were hugely inspired by Bollywood movie Munnabhai MBBS starring droopy eyed Sanjay Dutt. The movie was a runaway success and since Dutt professes “jaddo ke chappee” non-violence method of bridging gaps in relationships the term Gandhigiri came to be coined. That Sanjay Dutt was an accused in the Mumbai blast in and was convicted under Arms Act is a different matter.
But the fact of the matter is Mahatma Gandhi did resort to fast unto death to protest injustice, violence and even untruth by his companions, comrades, followers and the Indians at large, but the difference was the ‘Father of the Nation’ undertook this fasts either in his abode or Sabarmati Ashram where not a single individual was inconvenienced but made everybody including the governors of British empire to sit up and take notice. There was not a single individual including his wife to keep accompany him in the fast, though she would worry and urge him to end his fast.
It was not at all a grand display or posturing. It was neither a show of strength or an exhibit of oratory skills, but was simply a protest to right a wrong and as Gandhiji himself would meekly put it as self purification. Nonetheless Mohandas K Gandhi – a barrister at law in South Africa return to his country and brought the might British Empire to its knees and forced them to handover reins of administration to the country men and leave India. This is example of true grit and determination.
But gone are the days when true statesman, patriots used to resort to penance to force others to introspect and realize that they were wrong. When nobody even the government refused to take cognizance of such protests came in what is now known as Annagiri. To resort to Annagiri you have seek permission from various authorities like the district administration, police, traffic cell and lots others. The permissions or NOCs are required so that the routine life is not paralyzed or common man is inconvenienced or that there is no law and order situation arising from the protests.
Though these type are well publicized and stage is erected with huge shamianas provided with chairs and even fans for thousands of supporters and in some cases air conditioners for the main activists with doctors attending them round the clock, ambulances stationed and equipped with the latest gadgets and life saving drugs and the works, police protection 24 hours a day. Providing foods for tens of thousands of supporters. Collection and accepting donations to the tune of crores of rupees or lacks of dollars. Mahatma Gandhi would have not only rebuked such practice but would have undertaken another fast to put an end to such practice
There are backroom talks to resolve the matter and backroom channels working to convince the protestors to call of the hunger strike. Functioning of the Parliament is derailed with either the Opposition or political party having political interest disrupting the working of the parliament or legislative assembly.
Take the example of Anna Hazare protest. Wide publicity by the minute, national news channels competing with each other to increase its ratings forcing the government to faulter, comprise and finally give in to the demands. There was no such a hype when Mahatma Gandhi resorted to hunger strikes. Basically the common man was not put to hardships because of the protest.
Some in the year 2006 BJP in Goa tried to gain some cheap publicity. Zuari bridge continued to remain closed for heavy vehicles even after repairs were done because the concerned minister could not schedule time to officially declare it open. So the BJP workers swooped on the Agassaim side of the bridge and blocked the bridge paralyzing even light vehicles from using the bridge thereby causing hardships to the thousands of commuters. Manohar Parrikar addressing the media said that his partymen had resorted to Gandhigiri to protest, however for commuters who were inconvenienced called it dadagiri.
Last year BJP paralyzed the entire state to protest against price rise. They saw to it bandh was total with all the markets and shops downing their shutters. More recently BBSM called for a bandh and its supporters were literally threatening shopkeepers, businessmen to close their establishment to protests against the grant-in-aid being extended to schools that use English as medium of instruction. This was not Gandhigiri or Annagiri but goondagiri.
Let us take the example of Balli carnage. Schedule Tribe came to Balli to my their protest against the government for not fulfilling their demands. They not only inconvenienced the general public at large but went on to indulge in arson and rioting. They did not even spare the Collector and top police officials. ST community members torched government vehicles causing loss to exchequer and after causing a loss of lakhs of rupees they are demanding twelve percentage reservations for legislative assembly elections. These are not peaceful protests or Gandhigiri or Annagiri but dadagiri and goondagiri.
Send your comments/reactions to nisserdias@gmail.com Or SMS 9422437029)
(Nisser Dias writes a regular column in GT every Thursday).
TRUTH HAS PREVAILED. CHURCH IN SHAME.
TRUTH HAS PREVAILED IN 2004 RIBANDAR CHURCH CASE:
Adv. Aires Rodrigues has today stated that the truth had finally prevailed in the 2004 Ribandar Church case but has lamented that theArchbishop of Goa Filipe Neri Ferrao, former Chief Minister Pratapsingh Rane and Father Newton Rodrigues had proved that they wereabove the law by managing not to be present in Court.
Adv. Rodrigues has stated that the then Parish Priest of Ribandar Father Newton Rodrigues had filed this false and fabricated complaint to divert the attention of the public from the issue of the alleged molestation of the Ribandar minor girl in which he was allegedinvolved.
Adv. Rodrigues has stated that certain persons in high positions used this false case as a tool to harass him over the last seven years bygetting the government to even challenge before the Sessions Court andlater in the High Court his earlier acquittal in the same case. Stating that persons in high positions cannot be allowed to use thepolice and Courts to harass their opponents, Adv. Rodrigues hasexpressed anguish that it had taken seven long years for the truth toprevail with over 100 hearings of the case spread over the JMFC,Sessions and the High Court.
Stating that the entire case proceedings was a criminal waste ofjudicial time and public money, Adv. Rodrigues has stated that thecrime Branch had wasted 33 months investigating a case they knew wasfalse and fabricated while the prosecution moved ahead with this malicious prosecution. Pointing out that this was a fit case to now sue Father NewtonRodrigues and the Goa Government for the malicious prosecution, Adv.Rodrigues has however stated that he had decided not to add another case to an already huge back log of cases the Goa Courts are grappling with.
Panaji Judicial Magistrate First Class Mrs. Sarika Faldessai in a 29 page judgment acquitted Adv. Aires Rodrigues and 14 others in the 2004Ribandar Church case. While Adv. Aires Rodrigues and 14 others had been accused of having on16th August 2004 trespassed into the corridor of the Ribandar Churchand disturbed a meeting of the Parish Pastoral Council, JudgeFaldessai in her judgment has stated that the prosecution had notshown that the Ribandar Church was a prohibited area and that therewas any prohibition from entering the church premises.
Judge Faldessai has in her judgment noted that all the three Investigating officers of the case in their cross examination had admitted that there was no need of any permission to enter a church, mosque or temple. Stating that none of the witnesses had supported the case of the prosecution, the Judge has stated there was no evidence produced to establish that a meeting of the Parish Pastoral Council of the Ribandar Church was scheduled to be held on the day of the alleged offence.
Judge Faldessai has in her judgment stated that there was no evidenceto show that Adv. Rodrigues had created any commotion or intimidated anyone at the Church premises. Pointing out the glaring discrepancies in the testimony of prosecution witnesses Mrs. Connie Rosario, Mrs. Cynthia Fernandes and Mrs. Mica D’Souza who were members of the Parish Pastoral Council, Judge Faldessai has stated that their statements become unreliable.
Referring to the manner in which the investigation of the case wascarried out the Judge in her judgment has pointed out that for overtwo years the Investigating officer did no investigation at all exceptdiscuss the case with his Superiors and further took another three months to xeroz copies of the charge sheet. The Judge has stated that from the evidence of the Investigating officers it was clear that there was a delay in the investigation ofthe case and that the reason for the delay was not satisfactory.
Stating that Father Newton Rodrigues had set the criminal law inmotion and that inspite of being summoned he failed to remain presentin court, the Judge in her order has stated that the prosecution hadalso not examined Sister Celia Fernandes who was alleged to have beenintimidated by Adv. Aires Rodrigues. In 2004 Adv. Aires Rodrigues was leading an agitation demanding actionagainst Father Newton Rodrigues for having allegedly molested a 13year old Ribandar girl.
While Adv. Aires Rodrigues and others werecharge sheeted for confronting Father Newton Rodrigues, the case filedagainst Father Newton Rodrigues by the mother of the 13 year old girlwho was allegedly molested was closed after then Governor of Goa Mr.S.C Jamir reportedly intervened to save Father Newton Rodrigues frombeing charge sheeted. Father Newton Rodrigues was later relieved fromthe Archdiocese of Goa and is now the Pastor of St. Bernadette Churchat Calgary in Canada.
This was the second case filed by the police against Adv. AiresRodrigues in connection with the Ribandar Church incident. While thecurrent case was on the complaint filed by Father Newton Rodrigues theearlier charge sheet was on the complaint by the Superior of AjudaConvent Sister Celia Fernandes.
Acquitting Adv. Aires Rodrigues on 9th April 2009 in that case thethen Panaji Judicial Magistrate First Class Mrs. Sharmila Patil had inher judgment stated that the allegations against Adv. Rodrigues seemedto have been manipulated and that he was falsely implicated in thecase. Judge Patil had also held that the possibility of the complaintagainst Adv. Rodrigues having been lodged due to politicalinterference could not be ruled out.
Adv. Aires Rodrigues has today stated that the truth had finally prevailed in the 2004 Ribandar Church case but has lamented that theArchbishop of Goa Filipe Neri Ferrao, former Chief Minister Pratapsingh Rane and Father Newton Rodrigues had proved that they wereabove the law by managing not to be present in Court.
Adv. Rodrigues has stated that the then Parish Priest of Ribandar Father Newton Rodrigues had filed this false and fabricated complaint to divert the attention of the public from the issue of the alleged molestation of the Ribandar minor girl in which he was allegedinvolved.
Adv. Rodrigues has stated that certain persons in high positions used this false case as a tool to harass him over the last seven years bygetting the government to even challenge before the Sessions Court andlater in the High Court his earlier acquittal in the same case. Stating that persons in high positions cannot be allowed to use thepolice and Courts to harass their opponents, Adv. Rodrigues hasexpressed anguish that it had taken seven long years for the truth toprevail with over 100 hearings of the case spread over the JMFC,Sessions and the High Court.
Stating that the entire case proceedings was a criminal waste ofjudicial time and public money, Adv. Rodrigues has stated that thecrime Branch had wasted 33 months investigating a case they knew wasfalse and fabricated while the prosecution moved ahead with this malicious prosecution. Pointing out that this was a fit case to now sue Father NewtonRodrigues and the Goa Government for the malicious prosecution, Adv.Rodrigues has however stated that he had decided not to add another case to an already huge back log of cases the Goa Courts are grappling with.
Panaji Judicial Magistrate First Class Mrs. Sarika Faldessai in a 29 page judgment acquitted Adv. Aires Rodrigues and 14 others in the 2004Ribandar Church case. While Adv. Aires Rodrigues and 14 others had been accused of having on16th August 2004 trespassed into the corridor of the Ribandar Churchand disturbed a meeting of the Parish Pastoral Council, JudgeFaldessai in her judgment has stated that the prosecution had notshown that the Ribandar Church was a prohibited area and that therewas any prohibition from entering the church premises.
Judge Faldessai has in her judgment noted that all the three Investigating officers of the case in their cross examination had admitted that there was no need of any permission to enter a church, mosque or temple. Stating that none of the witnesses had supported the case of the prosecution, the Judge has stated there was no evidence produced to establish that a meeting of the Parish Pastoral Council of the Ribandar Church was scheduled to be held on the day of the alleged offence.
Judge Faldessai has in her judgment stated that there was no evidenceto show that Adv. Rodrigues had created any commotion or intimidated anyone at the Church premises. Pointing out the glaring discrepancies in the testimony of prosecution witnesses Mrs. Connie Rosario, Mrs. Cynthia Fernandes and Mrs. Mica D’Souza who were members of the Parish Pastoral Council, Judge Faldessai has stated that their statements become unreliable.
Referring to the manner in which the investigation of the case wascarried out the Judge in her judgment has pointed out that for overtwo years the Investigating officer did no investigation at all exceptdiscuss the case with his Superiors and further took another three months to xeroz copies of the charge sheet. The Judge has stated that from the evidence of the Investigating officers it was clear that there was a delay in the investigation ofthe case and that the reason for the delay was not satisfactory.
Stating that Father Newton Rodrigues had set the criminal law inmotion and that inspite of being summoned he failed to remain presentin court, the Judge in her order has stated that the prosecution hadalso not examined Sister Celia Fernandes who was alleged to have beenintimidated by Adv. Aires Rodrigues. In 2004 Adv. Aires Rodrigues was leading an agitation demanding actionagainst Father Newton Rodrigues for having allegedly molested a 13year old Ribandar girl.
While Adv. Aires Rodrigues and others werecharge sheeted for confronting Father Newton Rodrigues, the case filedagainst Father Newton Rodrigues by the mother of the 13 year old girlwho was allegedly molested was closed after then Governor of Goa Mr.S.C Jamir reportedly intervened to save Father Newton Rodrigues frombeing charge sheeted. Father Newton Rodrigues was later relieved fromthe Archdiocese of Goa and is now the Pastor of St. Bernadette Churchat Calgary in Canada.
This was the second case filed by the police against Adv. AiresRodrigues in connection with the Ribandar Church incident. While thecurrent case was on the complaint filed by Father Newton Rodrigues theearlier charge sheet was on the complaint by the Superior of AjudaConvent Sister Celia Fernandes.
Acquitting Adv. Aires Rodrigues on 9th April 2009 in that case thethen Panaji Judicial Magistrate First Class Mrs. Sharmila Patil had inher judgment stated that the allegations against Adv. Rodrigues seemedto have been manipulated and that he was falsely implicated in thecase. Judge Patil had also held that the possibility of the complaintagainst Adv. Rodrigues having been lodged due to politicalinterference could not be ruled out.
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