PANAJI
The High Court of Bombay at Goa has upheld recommendations of the State Human Rights Commission directing a police inspector to pay compensation of Rs 10,000 to an activist, who was allegedly manhandled by the Bicholim police during a protest against ore transportation in 2013.
PI Ninad Deulkar, who was then posted at Bicholim Police Station, had challenged the order of the Commission citing it as ‘perverse and illegal.’
During the argument before the Division Bench of Justice M S Sonak and Justice B P Deshpande, Deulkar's legal counsel, Advocate Nikhil Pai, vehemently submitted that the order passed by the Commission is perverse and illegal as it only relied on the sole testimony of activist Babi Gaonkar while failing to take into account other evidence including the medical case papers that did not show physical injury on Gaonkar.
Pai further submitted Gaonkar’s antecedent pointing at his involvement in other offenses, arguing it was completely ignored by the Commission. “The recommendations of the Commission are unwarranted including directions to the Director General of Police to issue censure to the petitioner and to pay compensation of Rs 10,000 which is required to be recovered from the petitioner,” the lawyer said.
According to Deulkar’s submission, he along with other police officers acted within their powers, however, Gaonkar created a ruckus in the police station and the hospital only to level false allegations against them thereafter. “The case diary and other papers were completely ignored by the Commission and, therefore, such an enquiry report together with recommendations needs to be quashed and set aside,” he prayed.
The matter pertains to complaints filed by a mines superintendent Kamlesh Jha against Gaonkar for allegedly indulging in blocking the road in front of the M/s Rajaram Bandekar Mines Pvt Ltd.
The Commission, in its order in 2016, found that the petitioner and other concerned police officers acted in the most high-handed manner and with malafide intention. A penalty was imposed on the PI.
The High Court in its verdict on Wednesday, observed that there is no merit in the petition; hence it was required to dismiss with costs of Rs 10,000.
“The petitioner got away with a minor penalty of censure and an order for payment of compensation of hardly Rs 10,000. As compared to the trauma faced by Gaonkar, who was protesting transportation by mining trucks, the petitioner was let off rather lightly,” it observed.
The amount, the Court ordered, must be paid by the PI to Gaonkar within 15 days from June 28, failing which the concerned Superintendent of Police is directed to ensure that this amount is deducted from the PI’s salary to be paid to Gaonkar at the earliest.
