MARGAO: The additional district and session court, South Goa has posted matter for December 5, orders on appeal filed by MLA, Mr.Francisco (Mickky) Xavier Pacheco, in a case of assault.
He has filed the appeal challenging the orders of a lower court at Margao. The additional district and session court has heard the arguments of defense advocate as well as public prosecutor, Mr Subash Dessai.
Mr Dessai, who appeared on behalf of the state has contented that protection given under section 197 of CrPC is to protect responsible public servant against institution of vexatious criminal proceeding and same should be interrelated to the discharge of public duty.
He further argued that that commission of offence under section 353 of IPC or similar illegal act can never be part of one’s official duty. He argued that the MLA does not performing any public duty but only discharges constitutional function cast on him.
Mr Dessai argued that offence of assaulting or using criminal force to deter any public servant from discharging of his lawful duty has no proximity with official duty and as such sanction is not sine qua non to prosecute such accused persons.
Adv Surendra Dessai argued that being minister at relevant time, the alleged accused was protected under section 197 of CrPC and that material witness, that is his PA and a lady who were present at the time of incident were not examined by the prosecution.
He argued that no supplementary statement of the complainant Kapil Nateker was exhibited by the prosecution on record and that the accused was a public servant and was discharging his lawful duty. He argued that his client has been falsely implicated in the case at the behest of complainant Kapil Nateker due to political rivalry.