The JMFC Court dismissed a criminal case filed on a complaint from the village panchayat of Taleigao against AAP National Youth Wing President Cecille Rodrigues and four citizens of Taleigao who are also gramsabha members in relation to the unlawful assembly during Taleigao land(field) filling for the construction of the new Panchayat Ghar.
It may be recalled on 27th May 2020, the former Taleigao Village Sarpanch Agnelo Da Cunha and the Panchayat Secretary lodged an FIR with the Panaji Police Station against AAP’s Cecille Rodrigues and four citizens of Taleigao. The FIR claimed that Rodrigues and four citizens of Taleigao were involved in forming unlawful assembly and obstructing them.
The Court has now dismissed the case against Rodrigues and four citizens of Taleigao and declared that all future procedures against the accused are stopped, and all the accused are discharged of the offenses punishable under sections 143 and 341 of the Indian Penal Code.
“There is nothing on record to demonstrate that there was any unlawful assembly and that the accused were participants of such unlawful assembly. The fact that there were more than 5 people there does not automatically imply that the gathering was illegal”, the court declared in response to the unlawful assembly claim brought against Rodrigues and four citizens of Taleigao under section 143 of the IPC.
It further said, “The persons present at the spot were merely showing placards, holding banners and shouting slogans. This cannot, under any circumstances, be interpreted as showing of criminal force. In fact, it is mentioned by the witnesses in their statements that when the police came to the spot, all the persons dispersed”.
Adding it said, “There is no claim that the crowd refused to disperse after being ordered to do so by the police or that any resistance was offered to the officers. This alone demonstrates that there was no criminal intent harbored by the crowd which had gathered at the spot”.
“We as Taleigao citizens will continue to voice up and fight to protect the village land, hills, beach, creek, and the fields of Taleigao and we are not scared to face the dadagiri of the Taleigao Village Panchayat”, said Rodrigues.
Background
- On August 23, 2020, at around 6.30 p.m., amid a rigorous lockdown, the former sarpanch Angelo D’cunha and a few workmen managed to get the sitting parapet wall cut open, clearing the way for trucks carrying debris to arrive and be dumped in eight fields next to the Taleigao Community Center.
- Out of the eight fields, only two fields were ploughed, and Farmers were not given any notice about the same.
- Taleigao citizens were unhappy that the fields were being used for construction of the new Panchayat Ghar.
- They even made suggestions but were not listened to, which is why all farmers and citizens began the protest near the fields.