Revenue Minister Atanasio 'Babush' Monserrate and Industries Minister Mauvin Godinho on Friday received a reprieve from the Special Court hearing criminal cases against politicians.
Both Monserrate and Godinho had filed separate applications for permanent exemption from appearing before Special Sessions Judge, South Irshad Agha during the hearings of the respective cases given that they have to attend official meetings given their status as ministers of the State government.
Judge Agha granted them the part relief on the condition that they have to appear before the court as and when required.
Minor rape case
The Revenue Minister had filed the application for permanent exemption from appearing before the court at the last date of hearing in the minor girl rape case. Monserrate stated he is an elected Member of the Legislative Assembly, Panaji constituency and is presently holding the post of Cabinet Minister for Revenue, Labour and Waste Management in the State. He has to attend official cabinet meetings and perform other official works and hence is unable to travel from Panaji to Margao and attend the hearings in the above case.
The application evoked objection from the public prosecutor appearing for the government, V G Costa, who contended that the case is of a serious nature and on the ground that the presence of the accused is required since the matter will be taken up on a day-to-day basis.
Judge Agha granted permanent exemption subject to the condition that Monserrate shall remain present in person as and when required by the court during the course of evidence of any of the prosecution witnesses.
Judge Agha further said the accused shall appear through Video Conferencing as and when required by this Court for identification of the accused.
Power rebate scam
In the Power rebate scam case, the lawyer representing former power minister and incumbent Industries Minister Mauvin Godinho filed for permanent exemption from appearing in the case on the ground that charges have already been framed. Godinho further stated that due to the exigencies of work and the distance involved, he finds it difficult to remain present before the court.
Public Prosecutor D Korgaonkar filed a reply on behalf of the State, opposing the application on the ground that the presence of the accused is required since the matter will be taken up on a day-to-day basis.
Partly allowing Godinho’s application for a permanent exemption, Judge Agha said the accused is granted permanent exemption subject to the condition he shall remain present in person as and when required by this court during the course of evidence of any of the prosecution witnesses.
“The accused is represented by Advocate Arun Bras De Sa. As per para 3 of the application, the identity of accused no 1 is not disputed. Since the identity of accused no 1 is not disputed, there will be no any obstacle in conducting the trial for want of presence of accused no 1,” the Judge said.
The Judge added: “In the present case, the trial has already started. Depositions of 17 witnesses have already been recorded. The objection of the prosecution appears to be a formal objection. Since the identity of accused no 1 is not disputed and since accused no 1 is holding the post a minister, the application for permanent exemption sought by accused no 1 can be granted subject to terms and conditions.”
The duo were conspicuous by their absence in the court due to their official engagements with their respective lawyers moving applications for exemption for Friday’s hearing, which was granted.
