A Judicial Magistrate First Class (JMFC) has directed Goa Police Crime Branch to register a first information report (FIR) against two BJP and Goa Vikas Party MLAs in the dual citizenship case.
The order was issued on Tuesday by JMFC Pooja Kavlekar in relation to a complaint filed by activist Kashinath Shetye on March 22, 2013 before the Goa Police Crime branch. The complaint was made against BJP MLA Glen Ticklo (Aldona), and Goa Vikas Party MLA Caetano ‘Caitu’ Silva (Benaulim) under sections of the Representation of People’s Act, 1951, the Registration of Foreigners Act, 1939, and the Passport Act, 1967 for possessing citizenship of both Portugal and India.
A provision in the Portugese law treats those born in Goa prior to 1961, when the State was liberated from the Portugese colonies, as the citizens of the country.
In October 2014, the Panaji police had booked Superintendent of Police Juse Allan de Sa, Police Inspector Edwin Colaco, six persons working under the Bombay High Court at Goa, and 500 people, including retired and working Goa government employees, amongst others, for acquiring the citizenship of Portugal without surrendering their Indian citizenship. They were booked under Section 14 of Foreigners Act, Section 4 and 5 of Registration of Foreigners Act, and Section 12 of Passport Act, based on Mr. Shetye complaint to CID in 2012.
The then JMFC, Judge Bosco G. F. Roberts, had directed the crime branch of the State police to register an FIR against Mr. Ticlo, Mr. Silva, Mr. de Sa and Mr. Colaco over the issue. However, the police did not register cases against the two MLAs as they had stays from the High Court in their favour.
Mr. Shetye later filed a contempt petition before the JMFC court, claiming that political agencies were exerting pressure on the investigating agencies to not register any complaint. He added in his complaint that “the accused being persons in power, well-connected to the power structure of the State,” also brought pressure on the police.
