SC to hear Aires Petition against Health Minister
A Division bench of the Supreme Court of India comprising of Justice Altamas Kabir and Justice Surinder Singh Nijjar will on 26th September hear the Special Leave Petition filed by Adv. Aires Rodrigues against Goa’s Health Minister Vishwajit Rane in the threat to kill case.
The Supreme Court has already issued notices to Health Minister ishwajit Rane and the Chief Secretary of Goa.
In his petition before the Supreme Court, Adv. Aires Rodrigues has challenged the Bombay High Court’s order which had quashed the charge sheet against Health Minister Vishwajit Rane in the threat to kill case.
A Division bench of the Bombay High Court at Goa comprising of Justice A.S. Oka and Justice F.M. Reis on 21st July last year while quashing the charge sheet against Health Minister Mr. Vishwajit Rane had held that an offence under Sec 506 ( threat to kill) of Indian Penal Code was non-cognizable.
Adv. Aires Rodrigues has in his petition before the Supreme Court challenged that decision of the High Court which had held that the Goa government had no powers to issue a notification making Sec 506 cognizable.
Incidentally Sec 506 was made cognizable by a notification issued by the Goa Government in 1973 when Pratapsingh Rane, father of Vishwajit Rane was the Law Minister. Over the years hundreds of persons have been charge sheeted and prosecuted under this section.
However when the Old Goa Police charge sheeted Health Minister Vishwajit Rane under Sec 506, the Goa Government suddenly took a stand that the section was non-cognizable. A controversial proposal was hurriedly moved by Advocate General of Goa Subodh Kantak to instruct all Public Prosecutors to withdraw all cases filed by the police under Sec 506 of I.P.C as the section was non-cognizable.
The 73 page charge sheet was filed by the Old Goa Police against Health Minister Vishwajit under sec 506 of Indian Penal Code for allegedly having threatened on 31st July 2007 to kill Adv. Aires Rodrigues. The Old Goa Police in their charge sheet against Vishwajit Rane named nine witnesses including his own wife Divya Rane.