Police register case against Gerard, archives director and others

Posted on 2009-02-01
PANAJI- Acting upon the direction of the Bombay High Court at Goa, the Porvorim police on Saturday registered a case against the noted architect, Mr Gerard da Cunha, the director of archives, Mr Manohar Dicholkar and others working for restoration of Reis Magos fort for the alleged damages to public property at the fort.
The police sub-inspector, Mr Gadekar, who is investigating the case, informed that all the persons have been booked under Section 30 of the Goa Daman and Diu Ancient Monuments and Archaeological Sites and Remains Act 1978 and Section 3 of the Prevention of Damage to Public Property Act, 1984, and Section 3 of the Defacement of Public Property Act and Section 427 of the Indian Penal Code read with Section 35 of the IPC.
Giving background about the registration of the case on the HC order, Mr Gadekar said that on Friday Ms Felcia Fernandes, the lawyer for the complainant, Mr Sainath Zalmi from Taleigao, appeared at the police station and submitted a letter informing that the Bombay High Court passed an order on January 4, 2009 on a revision application filed on behalf of the state.
The HC order confirmed another order passed by a lower court and asked the police inspector of the Porvorim police station to file a complaint against the architect, the archives director and workers in-charge at the Reis Magos fort, Ms Helen Hamlyn, a citizen of the United Kingdoms, on the alleged damages to public property at the fort.
Accordingly, an offence was registered against these persons on Saturday.
Mr Zalmi had approached the police for filing a case alleging damages to the heritage site but the police refused to comply with his demand. So, he approached the JMFC, Panaji. On July 23, last year, the JMFC ordered the Porvorim police station to register a first information report on the alleged damages, investigate it and file a charge-sheet, if warranted.
Thereafter, a revision application was filed before the session court, Panaji, and a stay was granted. After hearing the arguments an order was passed to dismiss the application immediately. The public prosecutor, Mr Carlos filed an application before the High Court and stay was granted immediately.
So, on Friday, Ms Fernandes was asked to appear before the Porvorim police station and submit a letter urging the police to register a case on the alleged damages, Mr Gadekar informed.
Meanwhile, the persons against whom the case has been registered have shown the documents pertaining to the fort restoration to the police.