SIOLIM: Rafik Munna Sabji against whom the Forest Department has filed a First Offence Report (FOR) for felling trees in Siolim, has in his affidavit submitted to the Goa Bench of the Bombay High Court, is banking on time to hide the name of individual or individuals who contracted him.
Sabji was impleaded as Respondent No. 6 in Writ Petition No 15/2024 on March 13, 2024 and on March 26, 2024, the High Court was informed that he could not be present or give a statement as he was admitted in hospital with severe injuries.
Sabji’s affidavit was submitted to court during the hearing on April 2, 2024 wherein the alleged accused claimed that he was summoned by the Range Forest Officer (RFO) Panjim and that a criminal case was filed against him before the Judicial Magistrate First Class (JMFC) Mapusa Court.
After accepting the petition and ordering a stay on further cutting of trees, the next step was to check; who ordered Sabji to fell the trees after the Government had washed its hands off.
So, the focus was on Sabji the tree cutter who in his affidavit avoided answering the question by stating: “I state that I am yet to receive summons from the JMFC, Mapusa court, nevertheless I have my defences before the JMFC Mapusa as may be available in law. Any statement made here, whether positive or negative would amount to giving a statement and will be self-incriminating which would violate my fundamental right under Article 22 of Constitution of India and would severely prejudice my defence before the Ld JMFC Mapusa.”
“I cannot tell you how much it will cost you to cut a tree without seeing it. I am going to the mosque in Mapusa now and will be free by evening. Please call me later,” said Sabji when asked over the phone whether he was ready to fell a tree.
“Who are you? What do you want? You told me that you wanted me to cut a tree and are now asking me something unrelated.
“I state,” reads the affidavit, “that this Hon’ble High Court will appreciate the fact that as far as the present petition is concerned, there are no specific averments against this respondent nor are there any evidence produced on record that his Respondent has committed the act of illegal tree cutting.”
“He may want to hide facts but he is doing it legally. There is nothing wrong in what he has claimed. That is a well drafted affidavit,” stated High Court Advocate Jose Melo.
“The deeper we get into the case, the clearer it is getting of how government departments are conniving to stop us from getting to the bottom for the truth. This is not a game for us but a fight for the survival of our trees,” said the main petitioner Aaron Fernandes.
Petitioner No. 6 claims, with government hospital documents as proof, that he fell from a coconut tree on February 23, 2024 at 11.30 am and that he first got himself admitted to North Goa District Hospital from where he was referred to Goa Medical College (GMC).
After being checked by the Ophthalmology, Orthopaedic, ENT, Neuro Surgery departments, he was referred back to North District Hospital for admission where he had to go for regular checkups after being discharged.
“If he can talk and is able to work, what does it mean? It appears that the behind the scene activities need to be noted. Here is a man who has been hauled by the Forest Department for illegally felling trees, who does not want to disclose names of who ordered him to fell public as well as private trees,” rues Fernandes.