Wednesday, 4 May 2011

APPOINT ENQUIRY OFFICER IN CUSTODIAL DEATH OF CIPRIANO ORDERS HIGH COURT

PANJIM: The High Court of Bombay at Goa on Wednesday disposed of a suo moto proceedings of the State Police Complaints Authority (SPCA) in light of the statement by the State government to initiate departmental proceedings against policemen involved in the custodial death case of Cipriano Fernandes.
A division bench of Justices S C Dharmadhikari and F M Reis disposed of the matter with instruction to the State to appoint an inquiry officer within four weeks and to complete the departmental enquiry within six months.
Advocate Carlos Ferreira, appearing on behalf of the State, in his submission also said that a case of murder is registered against several Panjim policemen on duty when Cipriano was in police custody.
The bench did not pass any order with regards to the intervention petition filed by NGO Utt Goenkara that pleaded to vacate the stay and direct the SPCA to continue with the inquiry against the Panjim police into the NRI’s death.
The bench was hearing a petition filed by one of the suspended policemen Sandeep Shirvaikar challenging the SPCA’s suo-motto proceedings in the matter. Shirvaikar, represented by Adv Arun Braz D’Sa contended that SPCA has the power to only recommend departmental action and direct filing of an FIR.
During the last hearing, High Court had ordered to stay the proceedings of the SPCA.  Three police officials have been suspended based on the preliminary report by DySP Bosuett D’Silva. Mr. Bosuett’s report was absolutely unbiased and contained only truth which enabled the three culprits to be suspended in the first phase of the investigation.

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