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Pacheco’s Lawyer prays for discharge of accused in Casino assault case

Mickky Pacheco with his wife outside the court Image courtesy: Navhind Times

Mickky Xavier Pacheco who is serving six months sentence in Sada jail is facing another accusation in the case of assault to the Managing Director of casino in 2009 at Majorda. According to the news published by the local daily Navhind Times, Pacheco has appeared in front of CJM (Chief Judicial Magistrate) Kalpana Gawas on Wednesday in connection with the case filed by the crime branch for allegedly threatening and assaulting the Managing Director of Casino in Majorda in 2009.

Pacheco’s counsel pointed out that there is no such allegation against his client for threat or assault. He also said that according to the complaint lodged by police it is the clear case of threat to kill which is non-cognizable and he prayed for the discharge of Pacheco while maintaining that this case is politically motivated. According to the sources the CJM had issued the notice to Sada sub-jail authorities to produce Mickky on July 29 since he had failed to appear before the above court for the hearing on July 1, 2015.

Pachoco’s lawyer Shrikant Naik argued before the court that the complaint lodged by the police under section 352 and 506 (ii) are non-cognizable in nature and police does not have any powers to investigate the case under above sections prior to seeking of permission from the competent court which they have not sought. He also alleged that police along with the crime branch has wrongfully added the section 341 of IPC with an intention to charge sheet the case and present it into the court.

The public prosecutor did not argue the matter and the court posted the matter for further hearing on 12th August. The charge sheet filed by police before the court includes 18 witnesses which court will examine during the course of trial. Two accused including Pacheco and Matthew Deniz have been charged under section 326 for causing grievous hurt and section 341 for wrongful restraint, Section 506 (ii) for criminal intention of IPC.

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According to the facts mentioned in the charge sheet filed by the crime branch Pacheco and Diniz entered into the casino started arguing over the restrictions on time limits for playing the games, subsequently the argument ended up into the alleged assault of casino’s Managing Director and threatening him with dire consequences. Diniz was arrested in July 2009 while Pacheco was granted the anticipatory bail after almost three months by the court in September 2009.

In democracy when someone is in power no government machinery dare to work against them and this fact have been proved multiple times in various cases, national as well as local. Why that is the police and judicial machineries have not given the free hands to operate in full freedom and punish only the culprits without any political influences? Does granting of anticipatory bail is the right of few powerful people? Why the case of 2009 has come into operation in 2015? Is this matter is really motivated politically as alleged by the lawyer of Pacheco? Please do leave your comments and suggestions on this issue.

Source: NT

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