Controversial restaurant case: Portuguese Civil code cited in defence by owners

Code is still in force in Goa

The restaurant Congress claims is linked to Union minister Smriti Irani's daughter: File Picture

PTI   |   Panaji   |   30.07.22  : A Portuguese-era law has been cited as defence for the renewal of a licence in a dead man’s name to run Silly Souls Café and Bar, a Goa outlet that the Congress says is linked to Union minister Smriti Irani.

Irani has denied allegations that her daughter runs the restaurant in Assagao village in north Goa.

An activist-lawyer had filed a complaint alleging that the licence was obtained “illegally” and that it was renewed this year in the name of a person who died in 2021.

During the first hearing in the case conducted by state excise commissioner Narayan Gad on Friday, the family members of Anthony D’Gama, in whose name the licence for the restaurant was issued, told the authorities that it was their business and no other person was involved in it.

Talking to reporters after the hearing, advocate Benny Nazareth, who represents the D’Gama family, said the Portuguese Civil Code mandated that when a spouse died, his or her powers were transferred to the partner.

He said the application for renewal of the licence was done by the family members of Anthony after his death.

The Portuguese Civil Code is still in force in Goa.

Social activist and lawyer Aires Rodrigues, who is the complainant in the case, had pointed out to the excise commissioner that the renewal of licence was sought on behalf of Anthony more than a year after his death.

Anthony D’Gama’s son Dean was present at the hearing. The lawyer representing the D’Gama family said that in accordance with the Portuguese Civil Code, the property is jointly owned in the name of husband and wife.

“But when the husband dies, the power is automatically transferred to the spouse. So nothing actually needs to be done further,” he added.