Adv. Aires Rodrigues moved an application before Mapusa Judicial Magistrate (JMFC) strongly objecting to the now Goa Government Advocate Shivadatta Munj from appearing for the accused former Tourism Minister Dilip Parulekar in the Serula Comunidade cheating and land grab case. JMFC Sarika Falddessai has adjourned the case to Septemeber13th for Dilip Parulekar’s reply.
Drawing the Court’s attention that by an order dated 4th July the Goa Government appointed Adv. Shivadatta Munj as Additional Government Advocate in the High Court, Adv. Rodrigues in his application has stated that Adv. Munj will be interacting with and being briefed by Government servants, including Police Officers and by nature of his appointment, he would be able to access files of the Government and even influence the officers in the case.
Pointing out that intricate issues of corruption involving public officials is involved in the criminal case against Dilip Parulekar, Adv. Rodrigues has further stated that it would not be proper for the Adv. Munj being now a Government Advocate to appear in the case besides other reasons that Government officers will be examined as witnesses in the case.
Stating that Adv. Munj ought to have infact recused from appearing for accused Diip Parulekar, Adv. Rodrigues has now sought directions from the Court that Adv. Munj should not appear for Dilip Parulekar in the case.
The Mapusa JMFC is hearing the Serula Comunidade cheating and land grab case filed by Adv. Aires Rodrigues against then Goa’s former Tourism Minister Dilip Parulekar and two others.
Justice C.V.Bhadang of the Bombay High Court at Goa on June 22nd last year had directed Dilip Parulekar and the other two accused Peter Martins, then attorney of Comunidade of Serula and Irene Sequeira, then Administrator of Comunidade of Bardez to face trial for offences under sections 119, 120, 420 read with 120-B of the Indian Penal Code. If convicted Dilip Parulekar and the other two accused could face up to seven years of imprisonment and fine.
On a petition filed by Adv. Aires Rodrigues, the Mapusa JMFC on 16th January 2014 had directed the Porvorim Police to register an FIR against Dilip Parulekar, Peter Martins and Irene Sequeira for offences under sections 119, 120, 420 read with 120-B of the Indian Penal Code.
Adv. Rodrigues in his complaint had drawn the Court’s attention that the 599 sq mt of prime land on the Chogm Road at Porvorim was given away to Dilip Parulekar without any auction and without following the procedure contemplated under the Code of Comunidade and that the whole intention was to fraudulently facilitate the doling out of prime Comunidade land to Dilip Parulekar.
Adv. Rodrigues further stated that the Comunidade of Serula granted the 599 sq. mts to Dilip Parulekar for a mere Rs. 3,41,320/- though the value of the land was otherwise worth more than a crore and that Dilip Parulekar in connivance with Peter Martins and Irene Sequeira had grabbed that Communidade land at a throw away price by illegal means.
The case against Dilip Parulekar was initially probed by the Porvorim Police and later transferred to the Crime Branch which in 2016 sought to close the case against Dilip Parulekar but the then North Goa Principal District & Sessions Judge B.P. Deshpande had rejected that move by the Crime Branch.
Strongly opposing the move to close the case, Adv. Rodrigues had submitted to the Court that the Crime Branch in an attempt to shield Dilip Parulekar had derailed and vitiated the investigation by falsely and malafiedly portraying to the Court that Dilip Parulekar was a poor victim who was misled by the Communidade officials to grab the land.
