COMPLAINT FILED AGAINST DIRECTOR OF PROSECUTION FOR ILLEGALLY GIVING LEGAL OPINION TO POLICE OFFICERS

PANJIM: A complaint has been filed with the Chief Secretary of Goa Mr. Sanjay Srivastava drawing his attention that the Director of Prosecution, Public Prosecutors and Assistant Public Prosecutors have been giving legal opinion and advice to the Police Officers investigating cases without any authority to do so.
In his complaint to the Chief Secretary today Adv. Aires Rodrigues has stated that as the Criminal Procedure Code does not provide for any such legal opinion or advice to be obtained nor given, the Director of Prosecution Mrs. Shobha Dhumaskar should be asked to explain on what basis she was giving such legal opinion and advice to police officers. .
Adv Rodrigues in his complaint has drawn the attention of the Chief Secretary that the Supreme Court has time and again reiterated that the role of the Public Prosecutor only starts inside the Court once the charge sheet is filed and that any investigation and the decision of filing the charge sheet is the sole pre-rogative and discretion of the Investigating officer while no one else can interfere in the investigation of any case including the Public Prosecutor.
Stating that as the Director of Prosecution had no jurisdiction and competence to tender legal opinion and advice, Adv. Rodrigues has alleged that such action not authorized by law, amounts to interference with police investigations which otherwise should be independent and free from political or any other interference.
Adv. Rodrigues has stated that every act, action or decision of any government authority has to be under some provision of law and that the current illegal and unauthorized practice being followed by the Director of Prosecution of giving legal opinion and advice had no sanction of law.
While stating that it was only an illegal window for corruption by which biased and politically motivated colourful legal opinions are being given to suit the convenience of the influential and powerful, Adv. Rodrigues has drawn the Chief Secretary’s attention that Director of Prosecution Mrs. Shobha Dhumaskar had in a very controversial legal opinion last year opined that the son of Goa’s former IGP Mr. K.D Singh should not be charge sheeted in the accident case in which he was driving his father’s official vehicle and that she had opined that the case against the former IGP’s son be closed.
Stating that in Maharastra the Director of Prosecution as well as the Public Prosecutors and Assistant Public Prosecutors do not give legal opinion or advice to Police Investigation officers, Adv. Rodrigues has demanded that directions be immediately given to Goa’s Director of Prosecution to stop violating the law and not to interfere in the investigation of cases by giving legal opinion or advice to the Police Officers she was not authorized to.

4 comments:

N.Fernandes-London said...

This goes to show that Goa Police, are so "incompetent", that they have become a Law unto themselves under Hare -Brained Ravi Naik & (gone to New Delhi), Digamber Kamat.
Having been told ,by Digamber Kamat and Ravi Naik that the Goa Police are professional & questionably the Best,how come they need to resort to getting advice from Government appointed Public Prosecutors, who are meant to act independently?.
Something here smells "Fishy" & could mean some corruption,fabricating & doctoring of Cases takes place.
It will be hard to convince the Goa Public that the Goa Police are Independent.They truth is Goa Police are owned & are in the "dishonourable" service of Goa`s Very Corrupt Politicians & their respective Departments.
 

Anonymous the VIII said...

Very true. It is "you scratch my back, I'll scratch yours."
Tomorrow when the hyena comes, then too it will be the same story.
We, the Goan public need to teach these VULTURES a lesson. Each one of us Niz Goenkars should tackle them. We need to form batches. If a group can tackle one, legally, the other groups can tackle the others. Can our Goans tackle corrupt people? Even if he/she is you neighbour or friend? Or are are Goans waiting for a "Savior" who will do everything for them? Wake up Niz Goenkars! Each one of us need to stand up for what is RIGHT and WRONG !!

Gobor said...

IS THE DIRECTOR OF PROSECUTION A COMPETANT PERSON ? HE IS POSTED THERE ATER PAYING LAKHS . JUST A DUMB LLB.  WHEN YOU HAVE PAID JOBS YOU CANT DO JUSTICE TO THE JOB.  jUST LIKE THE GOA BOARD PROGRAMMER  WHO  FUCKED UP THE MARKS OF STUDENTS. YOU CAN BUY JOBS WITH MONEY BUT YOU CANT BUY THE INTELLIGENCE WHICH IS REQUIRED TO KEPP THE JOB.

N.Fernandes-London said...

Are the Legal Experts , appointed and paid to assist the Police Force gone on a "MONEY" & "HEDONISTIC" holiday to Dubai?.

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