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2005 Supreme(Bom) 478

N.A.BRITTO
Cecilia Fernandes – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Mr. J.P. D’Souza, Advocate for the applicant; Mr. S.N. Sardessai, Public Prosecutor for the respondents.

ORDER

N.A. Britto, J.

Article 22 (1) of our Constitution boldly and beautifully declares that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest and will have a right to consult and to be defended by a legal practitioner of his choice.

2. The right of the accused to consult his Advocate in confidence became a myth, thanks to the ignorance, real or feigned, shown by respondent No. 2, and slow action on the part of the learned JMFC, Vasco-da-Gama, in giving effect to the exercise of that right by the accused.

3. The applicant is the mother of the principal accused involved in Vasco Police Station Crime No. 9/05 under Sections 302, 120-B and 201 IPC. Her son was arrested on 19.1.2005 and she was informed of his arrest on the next day and she instructed one Advocate Shri Saudagar to meet her son in custody to seek legal instructions. On 25.1.2005 Advocates Shri Saudagar and Ms. C. Colasso went to meet the said accused and another accused by name Francis D’Sa involved in the same case and at the time of meeting. respondent No. 2 the Police Inspector investigating the case, insisted standing right near the said Adv























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