HIGH COURT ASKS SPCA NOT TO PROCEED WITH SHOWCAUSE NOTICE IN CUSTODIAL DEATH OF CIPRIANO FERNANDES

PANJIM: The high court of Bombay at Goa has asked the State Police Complaints Authority (SPCA) not to proceed with the showcause notice initiating suo moto inquiry proceedings into the alleged custodial death of Cipriano Fernandes till May 2.

In this case, the petitioner, head constable Sandeep Shirvoikar had approached the high court challenging the order passed by the SPCA. The court has also asked public prosecutor (PP) Carlos Ferreira to inform if the state will take departmental action against the petitioner expeditiously or not, so that in addition to lodging of FIR and initiating of proceedings, even departmental or disciplinary action can go on. The PP sought time to take instructions from the government.

Appearing on behalf of the petitioner, advocate Arun Bras D'Sa submitted that the SPCA, after passing the suo moto order, ought to have recommended to the authority concerned to initiate departmental or criminal action against the petitioner. D'Sa said that the SPCA was not right in proceeding with the trial by issuing a notice to the petitioner. He argued that the SPCA has jurisdiction only to recommend the concerned department to initiate action, departmental or criminal against the petitioner.

The petitioner had further submitted that subject to the registration of the FIR and magisterial inquiry, the limited powers vested on the SPCA is to recommend initiation of disciplinary proceedings.

It may be recalled that Fernandes, the 38-year-old seafarer, was picked by the Panjim police from his aunt's residence in Porvorim on January 7 evening and after his girlfriend complained that he had threatened her with a knife at her house in Caranzalem. Shirvoikar and two other policemen were later suspended.