Saturday, December 19, 2009

Goa Politician John Fernandez a Rapist

SC rejects bail for rape accused

;Legal Correspondent & PTI
NEW DELHI, 18 DEC: The Supreme Court today refused to grant anticipatory bail to Goa politician Mr John Fernandes, accused of raping a Russian girl. He has been declared 'absconding' by a court in Margao today.
The Crime Branch, which is investigating the case, today moved an application to get John declared absconding as he was untraceable, police told said.
When a petition by Mr Fernandes challenging Bombay High Court's order cancelling his anticipatory bail granted by a trial court was mentioned, a Bench headed by Chief Justice Mr KG Balakrishnan said: “It is not a case for granting bail,” “Whether the allegation is right or wrong, it is difficult to grant bail,” the Bench, also comprising Justices Mr B Sudershan Reddy and Mr P Sathasivam, said. Mr Fernandes is accused of raping the Russian girl on 1 December.
Senior advocate Mr UU Lalit said that if the High Court order is not stayed, the protection granted by the trial court would be lifted and he will be arrested. However, the Bench was not convinced with the submission and questioned the decision of the trial court to grant him bail. “It is very strange that the sessions judge has granted bail,” the Bench said. The Court said it will hear the matter on 4 January.
Meanwhile, contrary to the claim of police that departmental inquiry would be initiated against the police officer charged of initial goof-up in investigating the Russian rape, state home minister, Mr Ravi Naik, said Crime Branch would investigate the allegations.
“The allegations that there was a total neglect on the part of police machinery to correctly register the case immediately gave Goa a very bad name internationally,” Mr Naik said responding to the discussion on law and order in the state during the ongoing Assembly session. “It is submitted that Crime Branch will also look into any lapses which might have committed by in-charge of Colva police station and other officers regarding the allegations leveled against them by the victim of not carrying out proper investigation at initial stage,” Mr Naik said.
Colva Police Inspector Mr Siddhanth Shirodkar was accused by Russian girl of asking her to tone down the complaint from rape to molestation. The girl had mentioned this in her letter to Consul General of Russian Federation in Mumbai.
Mr Naik said appropriate action would be taken if anyone is found guilty of any misconduct.
Earlier this week, Goa police spokesman Atmaram Deshpande had informed the media that departmental inquiry is being contemplated which would be headed by a senior level police officer.

I fully agree with the learned judges of the Supreme courts that rapists should not be granted bail.
I suppose because this has become a highly publicised case involving the Russian government that the courts are taking such a stringent view. If it did not involve a foreigner. you may rest assured the rapist, being a politician in the Goa government would have gone Scot free.
Swami Ramdeo advocates, and I agree wholeheartedly, that rapist, terrorist, black marketers and smugglers, food and medicine adulterers, murderers,those spying for foreign countries should not be granted bail.
They should be tried by fast track courts and if found guilty, they should be hanged.
We cannot keep our jails blocked for them and also cannot release them on bail, so hang them.
A few thousands hanged this way will improve the others.
With a population of around 120 crores, we will be better off without their company.

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