PANJIM: Justice A.P Lavande of the Bombay High Court at Goa has directed that notice be issued to the State of Goa on a petition filed by Adv. Aires Rodrigues seeking the recall of the order passed by now retired Justice N.A. Britto in the 2004 Ribandar Church case. The High court has fixed hearing of the recall petition on Feb 23rd.
Justice N.A. Britto in his order on 13th December last year had allowed the petition filed by Police Inspector Sunita Sawant challenging the acquittal of Adv. Aires Rodrigues in that case.
Adv. Aires Rodrigues has in his recall petition stated that the petition filed by Inspector Sunita Sawant was fixed for hearing on the point of admission and that it could not have been disposed without the Court recording the consent of the parties to the disposal of petition on merits.
Adv. Rodrigues has submitted that the order of Justice Britto disposing the petition on merits, when it was listed for admission was in flagrant breach of the principles of natural justice and had to be recalled in the interest of justice. Adv. Rodrigues has in his petition also stated that the order was pronounced by Justice Britto on 13th December when the matter was not even listed on the High Court board.
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