Adv. Aires Rodrigues to challenge before the Bombay High Court at Goa the order of Panaji Judicial Magistrate First Class (JMFC) Jude Sequeira rejecting his petition on the Portuguese nationality acquired by Canacona MLA and Deputy Speaker of Goa Legislative Assembly Isidore Fernandes. The JMFC in his order has held that the petition filed by Adv, Rodrigues was premature. Adv. Rodrigues had moved the JMFC on 13th August last year over the failure of the Panaji Police to act on the complaint filed by him against Isidore Fernandes on 4th August.
In his petition filed under Section 156 (3) of the Criminal Procedure Code, Adv. Aires Rodrigues had sought Court directions to the Panaji Police to register an F.I.R against Isidore Fernandes under the Citizenship Act, 1955, and Section 177, 181, 419 and 420 of IPC of the Indian Penal Code and under the Representation of People’s Act.
Adv. Rodrigues has further sought that the Police be directed to investigate the matter properly and that the Court monitor the investigation as the accused Isidore Fernandes is politically very influential.
Adv. Rodrigues in his petition submitted that the inaction of the police in not registering an F.I.R is not at all in accordance with law, and is patently coloured, arbitrary, illegal, capricious and malafide use of the statutory powers, obligations and duties vested in the Police by the Code of Criminal Procedure.
Adv. Rodrigues on 4th August lodged a complaint at the Panaji Police station pointing out that Isidore Fernandes is a Portuguese National and not an Indian Citizen. Adv. Rodrigues in his complaint further stated that the birth of Isidore Fernandes was registered in the Civil Registration Office of Beja in Portugal as Assento de Nascimento No.2043/2014 on 22nd April 2014.
Adv. Rodrigues further stated that Isidore Fernandes is by Indian law prohibited from holding constitutional positions representing a Government of which he is not a citizen and that this misrepresentation attracts penal action.
In his complaint Adv. Rodrigues also submitted that Isidore Fernandes was also getting monetary benefits from the State Government now as MLA and Deputy Speaker besides drawing pension for his earlier terms as MLA and that this amounts to gross violation of the very law itself and that Isidore Fernandes had committed a mockery of law by hoodwinking the authorities.
Adv. Rodrigues stated that Isidore Fernandes who is a Portuguese national since the April 2014, has suppressed his Portuguese Nationality and managed to have his name continue illegally in the electoral roll, and fraudulently and dishonestly made use of the illegal entry in the electoral roll, to pose as an Indian citizen.
