Shetye seeks dismissal of govt plea

PANAJI: Social activist Kashinath Shetye has stated before the high court of Bombay at Goa that the police does not have the power to challenge the order passed by the magistrate to register an offence against the accused in the dual citizenship case.
Shetye has sought dismissal of the state government’s petition filed before the court questioning the judicial magistrate’s order.
“Kartik Kashyap (superintendent of police) in the guise of the state under Article 12 of the Constitution of India is a proxy of the two MLAs and two police officers,” Shetye stated, challenging the maintainability of the petition.
Shetye also sought action be initiated against Kashyap for insubordination as he has not obeyed orders of the court in his administrative capacity. “If the accused cannot challenge, how can a proxy in the guise of the state challenge the same?” he questioned.
In the petition filed before the high court, the crime branch has alleged that an unreasoned order has been passed by the judicial magistrate first class (JMFC) court, Panaji, directing registering of first information report (FIR) in dual citizenship case.
On an application filed by Shetye, JMFC judge Bosco G F Roberts had directed the crime branch to register an FIR against BJP MLA Glen Ticlo, Goa Vikas Party MLA Caetano ‘Caitu’ Silva, superintendent of police Jose Allen de Sa and police inspector Edwin Colaco.
Countering a statement in the petition, Shetye pointed out that the CID is a notified police station and is within the jurisdiction of the JMFC, Panaji, and chargsheets are filed by the CID in the same court.
“The criminal writ petition may be dismissed as premature and action may be taken on police officers for not doing their duty and not implementing court order,” Shetye stated.