ANJUNA: Seventy two hours after the house of Agarwadekars in Assagao was partially bulldozed by bouncers with no documents, Anjuna police are yet to arrest prime suspect Pooja Sharma, in whose name a deed of sale for the property stands. Sharma has been booked under a section which is no bailable and involves a kidnapping charge
By morning, Anjuna Police had arrested Pratap Rana, the driver of the JCB and real estate dealer Arshad Khwaja from Dona Paula. “We arrested Arshad because he was there at the site when the demolition was taking place and he said that he was the owner of the property,” said Prashal Dessai, Police Inspector of Anjuna Police station.
“I have to attend a call from my SP and will call you later,” Desai said, before answering the next question as to when the main accused Pooja Sharma is going to be arrested.
After Desai failed to respond to numerous calls, O Heraldo contacted North Goa SP Akshat Kaushal, who requested that, “all questions be sent through whatsapp” as he was busy (see box).
The biggest question in this saga is on whose orders or authority was the bulldozer/excavator sent to demolish the dwelling place of the Agarwadekars.
As questions kept floating around the residence of Agarwadekars in Assagao, the family was assuaged by the presence of politicians through the day.
“I feel better now that I have heard the promises of help from so many politicians. I will start feeling good once those promises start materialising,” said a semi-relieved Prinsha Agarwadekar.
Meanwhile Siolim MLA Delilah Lobo appeared in the morning along with the Sarpanch of the village and others and stated in clear terms that she, the Sarpanch and others would stage a sit in protest at the Anjuna police station till Pooja Sharma was arrested.
The Congress led by party president Amit Patkar along with MLA’s Altone D’costa , Yuri Alemao and other party members were next . “Why has the name of Pooja Sharma’s spouse not been mentioned in the Sale Deed. We have information, her husband is an IPS officer,” alleged Patkar
“If the Chief Minister cannot do it, the Congress will raise funds and help rebuild the house for the family,” promised Quepem MLA d’Costa.
As politicians and people came to morally boost the family, Chief Minister Pramod Sawant was seen saying on social media,” There will be one hundred percent solution to the case.”
“We the people of Assagao are now living in fear of this goonda raj by people from Delhi. A 100 per cent solution promised by the CM is not all that we want. We want the government to show that they are for us and not goons. We are scared,” quipped Smriti , a local resident standing a few meters away from the crowd.
Lawyers ask why Pooja Sharma, booked under non-bailable Sec 365, is still not arrested
Though Pooja Sharma, the prime accused in the Assagao house demolition matter has been booked under Section 365 of IPC, there is no headway on arresting the accused.
Even after passage of 72 hours following the offence, only a land broker and the JCB operator have been apprehended, emboldening the accused.
According to Adv Shashank Narvekar, Section 365 of IPC is non-bailable offence and when a person is arrested and brought into jail for a serious or non-bailable offence, they are not entitled to bail i.e the person can't ask for bail as a matter of right.
"In these cases immediate arrest of accused is also necessary as the fear of tampering of evidence and threat to the victim too is imminent," Adv Narvekar said.
In fact in two past cases, the lawyer Gajanan Sawant assault case and the New Vaddem Vasco vapour cloud explosion case, the Goa Police were seen taking their own time to arrest the alleged offender, despite being accused of serious body offences.
Adv Shashank Narvekar said that the police has become a puppet in the hands of the government at the State and the Centre.
"All agencies like the police, are only being used to forward the agenda of the govt and help crony capitalists and builders," he said.
"This is only an instance which has come to light. but on a daily basis thousands of people are harassed by police in similar manner. Like in the Mercedes accident case, Porsche case, etc, the disregard of the police towards normal citizens is blatantly displayed," he added.
Adv Shriniwas Khalap said, "There will be a law and order situation if people of Goa decide to take the matter in their hands and demolish the illegal house of the Delhi resident, who has purchased the property in litigation and destroyed the house of a Goan resident, without due process of law, for which that police officer and Goa BJP which is supporting that police officer and that Delhi family, is responsible."