Portuguese civil code to Smriti Irani's rescue in Goa restaurant controversy?

Some provisions of the Portuguese Civil Code are still applicable in Goa

State Excise Commissioner Narayan Gad Friday conducted the first hearing in connection with a complaint about illegalities in the renewal process of a liquor licence to a Goa restaurant allegedly operated by the daughter of Union Minister for Women and Child Development Smriti Irani, Zoish, in the posh Assagao village in North Goa.

The enquiry follows a complaint filed by Rodrigues last week based on documents obtained under the Right To Information act, which said the bar and restaurant's liquor licence was renewed in favour of a dead person, Anthony D'Gama, who was based in Mumbai.

While the lawyer representing the Gama family, has cited nuances in the Portuguese Civil Code — some provisions of which are still applicable in Goa — in his defence, Rodrigues told reporters that the Commissioner had formally framed two issues for determination in connection with the case.

Also read: Smriti Irani sends legal notice to Congress over 'malicious allegations' against daughter

"The first issue being as to whether the excise licence was obtained by submitting false and inadequate documents and by misrepresenting facts. The second issue being whether there were procedural irregularities on the part of the Excise officials," Rodrigues said after the hearing.

The state excise department had subsequently issued notice to the restaurant management seeking an explanation. Congress had also taken up the issue in the national capital, as well as in Goa, forcing Irani to issue a legal notice to Congress leaders Jairam Ramesh and Pawan Khera, demanding they retract their statements. Irani has maintained that her daughter has no links to the Goa restaurant.

Speaking to reporters after the hearing, lawyer for Anthony D'Gama's family advocate Benny Nazareth cited provisions in the Portuguese civil code, which he said mandated that when a spouse dies, his or her powers -- in this case the liquor licence -- are transferred automatically to the partner.

"Here it is Portuguese Civil Code, under this ownership of property is jointly done in the name of husband and wife. But when the husband dies, the power goes automatically to the spouse. So further nothing actually needs to be done," Nazareth said.

"We are in a vibrant democracy and we respect the rule of law. Authorities have issued us a show cause notice, we have filed our replied to that," he also said. The next hearing in the case is scheduled to be held on August 22.