October 20, 2011

ADV. AIRES RODRIGUES URGED SUPREME COURT TO EXPEDITE HEARING AGAINST JR. RANE.

SUPREME COURT URGED TO EXPEDITE HEARING OF PETITION AGAINST HEALTHMINISTER VISHWAJIT RANE.

The Supreme Court has been urged to expedite the hearing of theSpecial Leave Petition filed by Adv. Aires Rodrigues against Goa’sHealth Minister Mr. Vishwajit Rane in the threat to kill case.

In an application filed before the Supreme Court Adv. Aires Rodrigues has prayed that in the interest of justice his petition be heard expeditiously. The Supreme Court on 13th December last year had after hearing the petition issued notices to Health Minister Mr.Vishwajit Rane and the Chief Secretary of Goa but the petition has not yet come up for final hearing.

In his petition before the Supreme Court, Adv. Aires Rodrigues haschallenged the Bombay High Court’s order which had quashed the chargesheet against Health Minister Mr. Vishwajit Rane in the threat to kill case.

A Division bench of the Bombay High Court at Goa comprising of JusticeA.S. Oka and Justice F.M. Reis while quashing the charge sheet against Health Minister Mr. Vishwajit Rane had held that an offence under Sec 506 ( threat to kill) of Indian Penal Code was non-cognizable.

Adv. Aires Rodrigues has in his petition before the Supreme Courtchallenged that decision of the High Court which had held that the Goagovernment had no powers to issue a notification making Sec 506cognizable.

Incidentally Sec 506 was made cognizable by a notification issued bythe Goa Government in 1973 when Mr. Pratapsingh Rane, father of Mr.Vishwajit Rane was the Law Minister. Over the years hundreds ofpersons have been charge sheeted and prosecuted under that section. However when the Old Goa Police charge sheeted Health Minister Mr.Vishwajit Rane under Sec 506, the Goa Government suddenly took a standthat the section is non-cognizable.

A controversial proposal was hurriedly moved by Advocate General of Goa Mr. Subodh Kantak to instruct all Public Prosecutors to withdraw all cases filed by thepolice under Sec 506 of I.P.C as the section was non-cognizable.

The 73 page charge sheet was filed by the Old Goa Police against Health Minister Mr. Vishwajit under sec 506 of Indian Penal Code forallegedly having threatened on 31st July 2007 to kill Adv. Aires Rodrigues. The Old Goa Police in their charge sheet against Mr.Vishwajit Rane have named nine witnesses including his own wife Mrs.Divya Rane. If convicted Health Minister Vishwajit Rane could face upto seven years imprisonment.

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