TEAM HERALD
MARGAO: Finding it difficult to go as per the provisions of law ~ more so the registration of FIRs as per Supreme Court guidelines ~ in complaints relating to Portuguese citizenship, the Goa police is mulling legal advice from experts on how to go about investigating such cases.
The men-in-uniform of the Margao police sub-division had moved with alacrity to register criminal cases against Majorda Sarpanch Moises Vaz and Margao Municipal Councillor Rosy Pereira for allegedly holding dual citizenship. But the cops now appear to be groping in the dark over the investigations, having no clues on how to take the probes to the logical conclusion.
While the Margao police have dashed off a letter to the Portuguese consulate in Goa for verification whether MMC Councillor Rosy Pereira has registered her birth in Portugal, the Colva police are yet to take a call on how to go about the investigations.
Questions have come to the fore whether the police should refer the complaints to the Prescribed Authority in the Union Home Ministry, which had recently given its ruling in Benaulim MLA Caitu Silva’s case, or conduct independent investigations under the IPC.
A senior police officer in private admitted that the police ought to first ascertain whether a particular person is a Portuguese citizen or not before starting the prosecution under various sections of IPC and other laws in force.
When Margao Sub-divisional Police Officer DySP Mohan Naik was contacted for his take on the peculiar situation facing the Goa police, he said the police would seek legal advice on how to go about the matter. “The citizenship issue is relatively new for the police. The police have registered FIRs against the Majorda Sarpanch and the MMC Councillor based on complaints received from the parties. We are seeking advice to ascertain whether the police should conduct independent investigations or take assistance of prescribed authorities in ascertaining the citizenship”, DySP Naik said.
Replying to a question, the DySP maintained that as per the latest Supreme Court guidelines, registration of FIRs was mandatory under Section 154 of the Code if the information discloses commission of a cognizable offence and no preliminary inquiry is required in such a situation.
But when his attention was drawn to the criticism that the police were found wanting in registering FIR against Benaulim MLA Caitu Silva, DySP Naik shot back, “In Caitu’s case a complaint against is pending with the Crime Branch. The complaint which sought to be lodged against Caitu at the Colva and Margao police stations does not amount to FIR since a similar complaint is pending with the Crime Branch”.
