My Dear friends,
Our democracy is faltering on account of our lack of participation in expressing our views on the functioning of the government. Every government needs to be supported in any good it does, but needs to be also mercilessly flogged when it acts overbearingly in abuse of power. The current very high-handed and absurd move by the Goa Government to grant pardon under Article 161 of the Constitution of India to Goa’s convicted former Rural Development Minister Mickky Pacheco needs to be strongly opposed. Mickky Pacheco who surrendered on 1st June after absconding for two long months is undergoing a jail sentence of six months for having, in 2006, as a Minister, assaulted an Electricity department Junior Engineer Kapil Natekar. This jail sentence was upheld by four Courts including the Supreme Court of India. Chief Minister Laxmikant Parsekar has now acted arbitrarily and malafiedly contrary to law in hurriedly moving the pardon proposal to his Ministers by circulation and not even having a detailed cabinet discussion. The granting of pardon to a convicted criminal being a serious issue the Chief Minister ought to have also discussed it in the Goa Legislative Assembly which is currently in session instead of clearing the proposal to grant Mickky Pacheco pardon by a “midnight cabinet circulated decision” which smacks of a clear travesty of the rules of propriety. It appears that the Chief Minster has no regard for the House. The events over the last four months only proves that the Goa Government has gone overboard in doing everything possible to shield and protect the convicted criminal Mickky Pacheco. The mere fact that the convict Mickky Pacheco is a politician accords him no higher standing for the grant of a pardon than any other convict. There are others who have been convicted of less serious offences but are also still undergoing jail sentences. Mickky Pacheco who has a very chequered criminal record has been convicted for a serious offence of having in 2006 as a Minister assaulted a public servant while on duty and even the Supreme Court ruled that Mickky Pacheco was rightly convicted and deserved no leniency. The proposal of the Goa cabinet to grant Mickky Pacheco pardon has now been sent to Governor Mridula Sinha who is currently out of station and returns to Goa on August 3rd after which she will commence the process of applying her independent mind to the issue. Governor Mridula Sinha should question the government that if Mickky Pacheco’s earlier parole application was strongly opposed by the Police as to how the authorities did not take that fact in to account while processing his petition for pardon. Chief Minister Laxmikant Parsekar also needs to explain on what basis the cabinet recommended Mickky Pacheco’s release on pardon despite the Advocate General and the Law department not having opined that Mickky Pacheco’s deserves pardon. In a democracy we have an inherent right to express our opinions freely, fairly and fearlessly. May I request you to kindly articulate your views on whether Mickky Pacheco should be pardoned or not. Kindly also send your views to Her Excellency the Governor of Goa Mrs. Mridula Sinha by email at goa...@gmail.com While thanking you for taking the time to put across your views on the above be assured that Together we can strive to ensure that there is Good Governance and that the Rule of law always prevails. We need to leave no room for the Law of the jungle to thrive. Aires Rodrigues Advocate High Court C/G-2, Shopping Complex Ribandar Retreat, Ribandar – Goa – 403006 Mobile No: 9822684372 Office Tel No: (0832) 2444012 Email: airesrodrigu...@gmail.com Or airesrodrig...@yahoo.com You can also reach me on Facebook.com/ AiresRodrigues Twitter@rodrigues_aires