VELIP JAIL ATTACK
PANAJI
Twelve days since lodging of the complaint, Mormugao Police are yet to register an FIR based on Caurem-Pirla panch Ravindra Velip's formal complaint dated March 25 alleging assault on March 23 while under judicial custody at Sada jail.
Speaking to The Goan, Sub Divisional Police Officer, Vasco Deputy Superintendent of Police Suchita Desai stated, “The complaint has made several allegations against the jail authorities. We are waiting for verification of evidence and also of the information through the inquiry, which has been instituted.”
Offering deeper insights into this alleged subversion of procedural framework by the police, legal luminaries from Goa, however, have questioned the wisdom of Mormugao Police in delaying the registration of a First Information Report based on Velip’s complaint.
A prominent lawyer, Adv Rajeev Gomes sought to point out that it is mandatory for the police to register a complaint when it discloses a cognizable offence.
“Causing grievous hurt, such as fracturing bones without using weapons, attracts Section 325 of IPC and is a cognizable offence. In this case, the police must register an FIR based on the plaint,” Adv Gomes stated.
He said that there are several Supreme Court judgements empowering and mandating the police to register FIRs.
“The police should conduct a preliminary investigation after registering the FIR. This would be parallel and independent of the inquiry instituted under the additional collector, who does not have the power to make arrests,” Adv Gomes opined.
Several other lawyers quoted the Lalita Kumari judgement of the SC (2008) whereby it is imperative for a police officer in-charge to register a case under Section 154 upon disclosure of a cognizable offence and that no preliminary inquiry is required in such cases.
“If the information received (through the complaint) does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not,” reads one of the guidelines issued by the apex court on registration of FIR.
Velip’s complaint dated March 25 made allegations of assault by four persons on the morning of March 23 while in judicial custody since the previous morning. He had levelled allegations against the jail authorities and persons involved in mining activities in Caurem.
