Appearing for the retired judge, Advocate Dilraj Rohit Sequeira argued that the issuance of the summons was bad in law as the elements required to invoke the offences were absent and that there was no likelihood of proving the charges beyond a reasonable doubt.
He further argued that there was no intent to defame or damage Noronha’s reputation. The press conference, it was argued, aimed solely to highlight police irregularities and their alleged collusion with the Jesuit priests, not to defame Noronha.
An affidavit was submitted by Justice Saldanha offering an unconditional apology and stating he would not pursue the matter further.
The Court acknowledged Justice Saldanha’s advanced age and limited mobility, accepted his affidavit, and quashed the proceedings against him.
The Court also quashed criminal proceedings in the same case against a co-accused, PB D’sa since he had also submitted an apology in the matter.
However, the Court declined to quash the case against two others accused in the same matter since they had not submitted any such apology.
“This petition is therefore, allowed in part. The proceedings as against accused Nos.4 (PB D’sa) and 3 (Michael Saldanha) in C.C.No.3902/2016 in P.C.No.52/2024 on the file of the II Judicial Magistrate I Class, Mangalore, for the offences punishable under Sections 384, 385, 389, 500, 501 and 506 read with Section 34 of the IPC shall stand quashed. The proceedings against accused Nos.5 and 6 shall however continue,” the Court’s July 3 order stated.
Source: Barandbench
