Court rejects intervention plea by Birch victims’ kin

Panaji: A Mapusa court on Tuesday rejected the application filed by families of the victims’ of the Birch by Romeo Lane fire tragedy to intervene in the anticipatory bail applications filed by Gaurav and Saurabh Luthra in the forgery case.The HC will continue hearing the anticipatory bail applications of the disqualified sarpanch and dismissed secretary of Arpora-Nagoa panchayat on Wednesday.Senior advocate Nitin Sardesai, arguing on behalf of the disqualified sarpanch, Roshan Redkar, told the HC that the memorandum dated Oct 17, 2017 — which the prosecution relied on to say that the procedure was laid down for panchayats to issue a provisional trade licence first and issue a final trade licence only after ensuring the checklist of other NOCs was obtained — was not under the Panchayati Raj Act but under the ease of doing business of govt of India, and had nothing to do with the licensing policy of the panchayat.

The memorandum had no statutory backing and was only an administrative guideline not binding on the panchayat, Sardesai said.He said Redkar is an elected representative and will have to face voters again, and that nobody will be able to bring back his reputation if he were to be arrested.Advocate Dattaprasad Lawande, representing the secretary, Raghuvir Bagkar, said there was nothing linking him to the fire incident and that there was no apprehension he would tamper with evidence as he was transferred from the panchayat from July last year.

He stated that it was the prosecution’s case that the application for a trade licence was not on the agenda of the panchayat meeting, and added that, as secretary, he was a glorified clerk and not a member of the panchayat, and had no role to play at meetings or while taking decisions. He was only supposed to write down the resolutions passed and could not overrule decisions of the panchayat. He was not the final decision-making authority, the court was told.