PANJIM/MARGAO: The legal fraternity has reacted sharply to the statement of the Goa Police that they cannot initiate action in extortion matters in the absence of a complaint. The lawyers said that there are enough provisions in the Indian Penal Code (IPC) to lodge a complaint suo motu and start investigations in such crimes.
They were reacting to the Goa DGP Jaspal Singh telling O Heraldo “I’m neither the High Court nor Supreme Court to take suo motu action (to allegations that politically backed extortionists had threatened hospitality stakeholders to pay 30 to 40 lakh to be able to play loud outdoor music beyond 10 pm or face the ire of tax authorities).
According to former Judge and practicing lawyer Adv Cleofato Almeida Coutinho, “The DGP seems to forget that there is something called crime prevention. In case of drugs, loud music, illicit sex trade and extortion there may not be complaints by the very nature of crime which needs vigilance of police in prevention. It appears the DGP is disbanding all prevention measures. Corruption and crime shall flourish with this mindset.”
Adv Antonio Clovis Da Costa said, “The best example is the Tarun Tejpal case where the Goa Police took suo motu action based on newspaper reports and rushed to Delhi to take further action. So now, if the police are saying they cannot act without receiving a complaint they should look at what they have themselves done in the past. Different yardsticks cannot be applied when it is suitable for them.”
Former MLA and eminent lawyer Adv Radharao Gracias said, “Anyone can go on making allegations, but only if the police find that there is substance in serious allegations, they can take suo motu cognisance. What the police usually do is, the policeman himself becomes the complainant and the investigation is started. Many times, no complaint is noted, but the offence is the same, meaning no one knows who committed the offence but an offence is registered and investigated without a complaint.”
“Now suppose you make a press report, these are not police complaints. However, if that discloses a criminal cognisable offence, then the police may register an offence. But sometimes what happens, allegations are made usually in the air, without substantiating them. You have to substantiate it with specifics. Simply to say someone is extorting a hotel is an everyday affair,” he added.
Adv Gracias further said, “Suppose you make a report that this particular hotel has done this to this customer, then maybe the police have to take action. But I don’t think the police will act simply with broad allegations.”
