SUPREME COURT TO DECIDE FATE OF SEC 506

PANJIM: The Supreme Court will now decide on whether Sec 506 of the Indian Penal Code (threat to kill) is cognizable or non- cognizable within the State of Goa.   A division bench of the Supreme Court is expected to hear next week the Special Leave Petition filed by Adv. Aires Rodrigues challenging the Bombay High Court’s order which had quashed the charge sheet against Goa's Health Minister Mr. Vishwajit Rane in the threat to kill case.

A Division bench of the Bombay High Court at Goa comprising of Justice A.S. Oka and Justice F.M. Reis while quashing the charge sheet against Vishwajit Rane had held that an offence under Sec 506 ( threat to kill) of Indian Penal Code was non-cognizable.

The High Court had ruled that the Goa government had no powers to issue a notification making Sec 506 cognizable and this has been challenged by Adv. Rodrigues in his petition before the Supreme Court.

A 73 page charge sheet was filed by the Old Goa Police against Health Minister Mr. Vishwajit under sec 506 of Indian Penal Code for allegedly having threatened to kill Adv. Aires Rodrigues on 31st July 2007. The Old Goa Police in their charge sheet against Mr. Vishwajit Rane had named nine witnesses including his own wife Mrs. Divya Rane.

Incidentally Sec 506 was made cognizable by a notification issued by the Goa Government in 1973 when Mr. Pratapsingh Rane, father of Mr. Vishwajit Rane was the Law Minister and over the years hundreds of persons have been charge sheeted and prosecuted under that section.

However when section 506 was invoked against Health Minister Mr. Vishwajit Rane, the Goa Government suddenly took a stand that the section is non-cognizable. A controversial proposal was hurriedly moved on 30th June last year by Advocate General of Goa Mr. Subodh Kantak to instruct all Public Prosecutors to withdraw all cases filed by the police under Sec 506 of I.P.C as the section was non cognizable.