A Sessions Court has exonerated Bombay High Court Senior Advocate Amit Desai of misappropriation charges levelled against him by advocate Aires Rodrigues relating to a death sentence confirmation case in the High Court of Bombay at Goa.
The court ruled that the senior HC advocate had fulfilled the terms of the contract between him and the Goa government way back in 2008 and hence there was no incinerating evidence of criminal intent. Advocate Rodrigues had claimed that advocate Desai had violated the terms of the understanding between him and the Goa government over appearance at the Goa bench of the Bombay High Court. This claim has been refuted by the Additional Sessions Judge at Mapusa, due to the presence of substantiating evidence available favouring advocate Desai as mentioned in the contract.
The Sessions court quashed the motion filed by the complainant due his misinterpretation of the understanding between Adv. Desai and the Goa government which subsequently resulted in incorrect accusations. The court held that his visits to Goa during 2008-09 were a testament to the fact that he had acted in accordance with the terms as stipulated in the contract between him and the Goa government.
It further stated that this establishes that Adv. Desai had no intent of fraudulently deceiving the government. “The charges brought against him were hence rejected and do not hold,” the court ruled. He never stated that these charges were for specifically appearing in front of the Goa bench of the Bombay High Court. However, there was no attempt of misinformation and no evidence of malice.
The Additional Sessions Judge refused to admit the petition and formally absolved Adv. Desai of the charges further making cogent observations that will dictate future admissions of such cases.