The Bombay High Court has criticized the prosecution and the Khar police in the connection with Alistair Pereira case on Friday. Alistair Pereira was sentenced to six-month for running over seven pavement dwellers on Carter Road on November 12, 2006.

On the loopholes in the investigation process by the prosecution, the division bench of Chief Justice Swatanter Kumar and Justice S.C. Dharmadhikari said that the prosecution has showed insensitiveness during the investigation in the case. Later, the court given order to Police Commissioner D.N. Jadhav to personally look the investigation process and report.

The court also put a question forward to the Advocate General Ravi Kadam and asked him to look why Pereira was booked under Section 304(ii) (culpable homicide not amounting to murder).

The Court asked:

Initially, Pereira was booked under Section 304(a) (causing death due to rash and negligent driving) in the FIR, how did the prosecution allow the Sessions Court to frame charges under Section 304(ii)?

Why didn’t Pereira charge under Sections 279, 336, 337, 338 and 437 (all charges relating to causing injury)?

The court saw several loopholes in the prosecution investigation such as the trial finished in just five days and the order was completed in two days, other occupants of Pereira’s car were not examined. The court was surprised when Pereira deposited the fine of Rs 5 lakh within 5 minutes of his conviction. The court reacted by saying that did he know the amount of fine in advance.

The court was so much in anger at Pereira that Justice Kumar literally shouted on him when Pereira was leaving and turned his back to the court. Justice Kumar said him that he doesn’t have the courtesy to bow to the court.

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