Panjim: In a shocking development surrounding the curious case of Portuguese citizenship of the Deputy Speaker of the Goa Legislative Assembly Isidore Fernandes, Goa Police has failed to register an FIR on the complaint filed by RTI activist Aires Rodrigues.
Adv. Aires Rodrigues has petitioned the North Goa Superintendent of Police over the failure of the Panaji Police Station to register an F.I.R against Canacona MLA and Deputy Speaker of the Goa Legislative Assembly Isidoro Fernandes over his Portuguese nationality.
In a petition filed under Section154 (3) of the Criminal Procedure Code, Adv. Rodrigues has drawn the attention of the SP that a criminal complaint was lodged at the Panaji Police Station on 4th August against Isidoro Fernandes for having committed criminal offences amongst others under the Citizenship Act, 1955, and Section 177, 181, 419 and 420 of IPC of the Indian Penal Code and under the Representation of People’s Act.
Adv. Rodrigues has in his petition stated that in a very glaring and shocking contravention of law and rank dereliction of duty, the Police Inspector, Panaji Police Station has failed to register an F.I.R though 48 hours have now elapsed since the complaint was lodged.
Adv. Rodrigues has stated that it was very obvious that the Panaji Police Inspector is acting as a caged parrot of the politically very influential accused Isidoro Fernandes who besides being a ruling party MLA is also now the Speaker of the Goa Legislative Assembly.
Pointing out that nobody can be above the law and the Panaji Police Inspector should not shy away from registering the F.I.R against the accused Isidoro Fernandes, Adv. Rodrigues has further stated that the failure to register an F.I.R is in rank violation and contempt of the various judgments of the Supreme Court that it is mandatory on the part of the police to register an F.I.R once the complaint reveals ingredients of a cognizable offence.
Stating that the failure of the Police Inspector, Panaji Police Station to act in accordance with law, entitles him to approach the Superintendent of Police under Section 154(3), Cr. P.C., 1973, Adv. Rodrigues has sought that a decision be taken within 48 hours directing the Panaji Police to register and F.I.R against Isidoro Fernandes and to strictly proceed to take action in accordance with law.
Adv. Rodrigues has stated that if appropriate directions are not issued within 48 hours he would be constrained to approach the appropriate Court for necessary orders to uphold the rule of law.
Adv. Aires Rodrigues on 4th August lodged a complaint at the Panaji Police station against Canacona MLA and Deputy Speaker Isidoro Fernandes over his alleged Portuguese nationality while alleging that Isidoro Fernandes committed criminal offences amongst others under the Citizenship Act, 1955, and Section 177, 181, 419 and 420 of IPC of the Indian Penal Code and under the Representation of People’s Act.
Pointing out that Isidore Fernandes is a Portuguese National and not an Indian Citizen, Adv. Rodrigues in his complaint has further stated that the birth of Isidoro Fernandes was registered in the Civil Registration Office of Beja in Portugal as Assento de Nascimento No.2043/2014 on 22nd April 2014 and has also given the Panaji Police a copy of the Portuguese Certificate obtained from the authorities in Portugal.
Stating that foreigners are not entitled to be registered as voters and vote in India, Adv. Rodrigues stated that only Citizens of India are entitled to be registered as voters and that Isidoro Fernandes has been illegally staying in the country and now holding constitutional positions.
Adv. Rodrigues further stated that Isidoro Fernandes is by Indian law prohibited from holding constitutional positions representing a Government of which he is not a citizen and that this misrepresentation attracts penal action against Isidoro Fernandes.
In his complaint Adv. Rodrigues also submitted that Isidoro Fernandes was also getting monetary benefits from the State Government now as MLA and Deputy Speaker besides drawing pension for his earlier terms as MLA and that this amounts to gross violation of the very law itself and that Isidoro Fernandes has committed a mockery of law and the authorities.
Adv. Rodrigues stated that Isidoro Fernandes who is a Portuguese national since the April 2014, has suppressed his Portuguese Nationality and managed to have his name continue illegally in the electoral roll, and fraudulently and dishonestly made use of the illegal entry in the electoral roll, to pose as an Indian citizen.