AAP MLA Velim Cruz Silva said the interim relief granted by the High Court to Malcolm Agnelo Pereira must not be misconstrued as a clean chit, and welcomed the stringent conditions imposed by the High Court while expressing serious concern over the observations made by the Sessions Court regarding the police investigation and the failure to arrest Pereira.
“The High Court has granted interim relief, but it has also imposed significant conditions. Malcolm Pereira has been directed not to contact Gerson Gomes or his family, to stay away from Chinchinim and not to leave Goa without informing the Investigating Officer. These conditions themselves underline the seriousness with which the matter is being viewed,” Silva said.
Cruz said the observations of the Sessions Court while rejecting anticipatory bail cannot be ignored.
“The Sessions Court has recorded serious observations about the material collected during the investigation and has prima facie found that the allegations indicate an assault on a person who was discharging his public function as a Sarpanch. The Court also observed that the alleged acts amounted to an attempt to intimidate or undermine the authority of an elected grassroots institution,” Silva said.
“What is even more serious is the Court’s observation that it had not found reasons recorded by the police for not arresting the applicant as required under the relevant provisions. This raises a very serious question about the conduct and functioning of the police in this case. The police must explain why the arrest was not made despite the material available to the investigating agency,” he added.
Silva said the Sessions Court had also expressed concern over the possibility of the accused threatening or influencing witnesses, manipulating evidence or repeating similar offences if granted anticipatory bail.
“These are not allegations made by a political party. These are observations recorded by a court while considering the bail application. They must be taken seriously. The police cannot selectively pick and choose which parts of a judicial order they want to act upon.”
Referring to Gerson Gomes’ 94-year-old mother, Cruz said the family has already gone through immense distress in seeking justice.
“A 94-year-old mother had to come to the Cuncolim Police Station seeking justice for her son. She placed her faith in the system. Today, the legal process has moved to the High Court, but her pain remains. She deserves a fair investigation, and Gerson and his family deserve to feel safe.”
Silva said the High Court’s conditions must be strictly enforced.
“I welcome the conditions imposed by the High Court. Malcolm Pereira must strictly comply with every condition. There must be no attempt to contact Gerson Gomes or his family, influence witnesses or interfere with the investigation. The police must ensure that these directions are followed in letter and spirit,” he said.
Cruz reiterated that his demand was never for revenge but for the rule of law.
“We respect the judiciary. We will respect whatever the courts decide. But respecting the judiciary also means respecting the serious observations made by the courts. The police must conduct a fair, transparent and unhindered investigation and answer the questions raised about their own conduct,” Silva said.
“This is not about Cruz Silva versus Malcolm Pereira. This is about the dignity of an elected grassroots institution, the safety of a family and the faith of a 94-year-old mother in the justice system. We will continue to seek justice through the Constitution and the law, without fear and without political pressure,” Silva said.
Engr. Cruz Silva
MLA – Velim (AAP)
