Despite Chief Minister Pramod Sawant’s assurance that Malcolm Pereira would be arrest ed by 4 pm on Wednesday, the ac cused appeared before Cuncolim Police at around 11 am and walked out without being arrested, trig gering a fresh protest by villagers and political leaders outside the Cuncolim Police Station. Pereira arrived at the police sta tion in the morning accompanied by his lawyer. He was questioned by the police and subsequently al lowed to leave after being issued a notice to appear and cooperate with the ongoing investigation. Pereira is accused in connection with the alleged assault on Chin chinim-Deussua Sarpanch and AAP working president Gerson Gomes. The development came as a surprise to protesters, who had expected the police to take Perei ra into custody following the Chief Minister’s assurance on Tuesday. By the time they gathered at the police station later in the day, Pereira had already left. Cuncolim Police Station in charge PI Diego Gracias explained that police had issued Pereira a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), requiring him to appear before the police and cooperate with the ongoing investigation.
He said that if Pereira failed to comply with the notice or cooperate with the investigation, police could take further action in accordance with the law. The Vasco Police Inspector was also present at the station to as sist during the proceedings, while a sizeable police presence was maintained as protesters gathered outside. The police maintained that the FIR involved an offence carrying a punishment of less than seven years and that, in such cases, is suance of a notice under Section 35(3) was the prescribed course. Police also referred to the Supreme Court’s position that for offences punishable with imprisonment of up to seven years, a notice under Section 35(3) is the rule, while ar rest is an exception and must be based on the necessity prescribed under Section 35. The police explanation, howev er, failed to satisfy the protesters, who questioned why Pereira had not been taken into custody de spite the assurance given by the Chief Minister.
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Velim MLA Cruz Silva questioned the police action and asked whether an elected representative could be assault ed and the accused still not be arrested. “Generally, if any body slaped someone, he would be arrested,” he said, ques tioning the manner in which the police were handling the case. Silva also warned of possible intimidation of those who had spoken out against Pereira. He alleged that Pereira had a network of people who could be used to threaten or in timidate protesters and said the authorities needed to en sure the safety of those who had come forward. Benaulim MLA Capt Venzy Viegas questioned Goa BJP president Damu Naik over his position on Pereira and his alleged connections with him. He asked Naik to make his position clear and, if there was no connection, to call for the strongest possible action by the police. Viegas also questioned the influence and connections al legedly available to Pereira and how these had helped him in the past, asking how many calls had been made to get him out of previous situations. Goa Forward Party (GFP) leader Meshu D’Costa also reached the police station and joined the protesters in de manding action against Pereira. Civil activist Anthony D’Silva was also present during the protest and condemned the incident.
Gerson Gomes’ 94-year-old mother also reached the po lice station and questioned why her son had been attacked and why no arrest had taken place. She raised concerns over the security of the family and their residence and questioned what would stop such actions from continuing. The protesters expressed concern that Pereira and his supporters could attempt to intimidate those who had par ticipated in the protests or spoken against him. They de manded that the police ensure the safety of villagers and others who had come forward in the case. The protesters also questioned whether the failure to ar rest Pereira despite the Chief Minister’s assurance indicat ed that political influence was coming into play in the case. The developments also saw references to the assault on Bandora panchayat member Ramchandra Naik, who was reportedly seriously injured and shifted to Goa Medical College and Hospital (GMC). Protesters said the Chinchin im incident was not isolated and pointed to the Bandora in cident as an example of similar incidents occurring in other parts of Goa. They warned that if firm action was not taken, there would be no precedent to prevent such a culture from continuing and what they described as “Gundaraj” would prevail. AAP Goa president Valmiki Naik said the party would take its campaign against what it described as “BJP’s Gund araj” to every village in Goa. “We will go to every village in Goa to expose BJP’s Gund araj,” Naik said. “Over the last few years, be it attacks on activists or po litical leaders, the government has been seen shielding the attackers. This government is bringing and promoting Gundaraj in Goa,” he said, appealing to Goans to unite and fight what he described as “Gundaraj”.
Capt Viegas said, “The message BJP is sending is that as long as you are with BJP, you can do anything to anyone, whether an elected representative or someone in govern ment.” AAP senior vice-president Sandesh Teleikar-Dessai said, “This attack is not just an attack on a person but on the po sition of Sarpanch.” He said the alleged laxity showed that “they stand with the attacker, not the victim.” Pereira’s anticipatory bail application is scheduled to be heard by the Additional Sessions Judge, Margao, on Thurs day, with Advocate Amey Prabhu Dessai representing him. Gomes has since been discharged from hospital, while his final medical report is awaited, according to the investigat ing officer.
