Alleged rape: Babush case stays with male judge

Colva: Special judge Irshad Agha on Wednesday dismissed an application filed by the public prosecutor to transfer the alleged rape case against revenue minister Atanasio ‘Babush’ Monserrate to a woman additional sessions judge.
Public prosecutor V G Costa submitted a circular issued in 2013 by the registrar of the high court of Bombay which says that cases involving sexual assault on women, which require great sensitivity, be tried by a woman judge. The circular says that if desirable, all court staff such as the bench clerk and havaldar/peons could be women.
Judge Agha while functioning as the principal district and sessions judge, North Goa, Panaji, had passed a similar order and the matter was transferred to a woman additional sessions judge.
The defence lawyer submitted that a circular issued in 2010 by the high court of Bombay states that cases involving woman victims shall be presided over by a woman judge as far as practicable.
The words “as far as practicable” imply that even a male judge can deal with such cases, the defence said. It said the only aim is to ensure that sensitivity is shown to the victim.
Judge Agha observed, “In Goa, there are only two districts with two sessions judges.” He added, “Presently in the district of South Goa, there is one lady additional sessions judge. As far as the circular issued by the hon’ble high court, such cases will have to be dealt with only by a sessions judge.”
The judge went on to say, “Secondly, the offence in the present case has taken place within the jurisdiction of Panjim, North Goa. After receiving the directions from the hon’ble high court of Bombay and since this court is specially designated, it is not within my powers to transfer the case to another district, i.e. district and sessions judge, North Goa.”
Judge Agha said that this case will have to be dealt with by his court as a special court and all steps will be taken to ensure the victim is shown sensitivity.