High court judge Justice Nelson A Britto has once again denied taking up the petition for anticipatory bail for NCP MLA Mickky Pacheco. When the bail applications came up for hearing today, Justice Britto said “not before me”. The counsels for the petitioners will now have to make a new application before the Chief Justice asking for a transfer of the case. Pacheco’s lawyer Amit Palekar said that they will now write to chief justice of Bombay High court seeking a bench to hear the bail plea.
Pacheco had moved the Panaji Bench of Bombay High court on Thursday with the bail plea.
This denial by Justice Nelson Britto according to legal experts is in light of Advocate Aires Rodrigues application filed before the Bombay High Court at Panaji asking that the Judge recuse himself from the case. Rodrigues had argued that the judgment on the bail ple should not be given by Britto as he had made comments on the Pacheco case on record in an earlier order granting bail to PI Ashish Shirodkar on 2 June 2010.
The comment of Justice Britto which he referred to was “If the Police department can send police inspectors North and East to investigate a simple case of attempted suicide, the police department could have certainly sent a responsible officer to record the statement of Atala’s friend.”