The Margao Po lice have now registered a fresh FIR against suspend ed PSI Nilesh Shirvoikar for disobeying law with intent to cause injury to 37-year old Edberg Pereira of Na velim, who is battling for life in the Goa Medical Col lege and Hospital (GMC), Bambolim. The case has been regis tered under Sections 117 (2) (voluntarily causing grievous hurt) and 198 (public servant disobeying law with intent to cause in jury) of the BNS 2023. Earlier, the police had registered the case as non-cognisable under Sections 115 (2) and 198 of BNS and the same was converted as cognisa ble offence after seeking sanction from the JMFC, Margao. PI Suraj Samant in his complaint stated that af ter learning that Edberg had undergone surgery for the injuries sustained by him due to the assault at the police station, a letter was addressed to the Chief Judicial Magistrate, Mar gao, requesting an accord sanction to convert the NC complaint into an FIR. The JMFC ‘D’ Court, Margao passed an order granting permission in terms of Sec tion 174 of The BNSS (155 of the CrPC). The complainant re turned to the police station to ascertain the exact facts and checked the CCTV foot age of the reporting room of Margao Town Police Station wherein it was seen that ‘Ed berg Pereira’ was brought to the station at about 14.19 hrs and he was kept near the lock-up’ sentry. Samant stated that after checking the CCTV footage in the reporting room, PSI Shirvoikar, who was the duty officer, got up from his chair and went towards Edberg to calm him down as he was behaving arro gantly with the police staff present. Sawant stated that Shirvoikar used mild force during which there was a slight physical contact between Shirvoikar and Edberg, wherein the latter lost control of himself and fell on the floor thereby sustaining head injury.
Thus Shirvoikar being a public servant disobeyed law with intent to cause injury and so also he failed to supervise and ensure the safety of the Edberg. Being a public servant Shirvoikar disobeyed and caused injury to the victim. In his complaint PI Samant has stated that PSI Shirvoikar had informed him that since the Edberg was aggressive he went to calm him down and that time ‘Edberg Pereira’ lost his control near the lock-up and fell on the floor and sustained minor head injury and started to bleed. Therefore, he was immediately sent for medical examination and treatment. According to Samant, he was on duty at the Nehru Stadium, Fatorda when Edberg was brought to the police station on October 22. Edberg was brought to the police sta tion following a phone call from an unidentified person that he was creating a nuisance at Navelim. Edberg was under the influence of alcohol and was hurling abuses to the police and their families. Further, the complainant also verified CCTV footage found in the ‘Goldsmith’s Shop’ near the Rosary College, Navelim wherein it was seen that Edberg was causing nui sance and was aggressive and violent in his behaviour and had attacked head constable Minguel Vaz. The complainant said that from the enquiry conducted into the matter and from the observations of the CCTV footage, it is seen that PSI Shirvoikar, while being the duty officer at the Margao Town Police Station had failed to comply with guidelines of the Supreme Court of India, issued in the matter of D K Basu v/s State of West Bengal. So also PSI Shirvoikar failed to adhere to the Standard Operating Procedures (SOPs) issued by Goa Police Department, from time-to-time in regards to the duties of the duty officer, while dealing with detainee and so also failed to supervise and ensure the safety of the detainee. The hurt certificate of Edberg was collected from the South District Hospital, Margao where the doctor reserved his opinion regarding the type of injury sustained by Edberg. Further a wireless message received from the casualty police of GMC, Bambolim had intimated that the victim is undergoing treatment in casualty as a case of assault at Margao. Further, since the medical officer treating the injured ‘Edberg Pereira’ did not specify the nature of injury sustained by the injured, an NC under Sections 115 (2) and 198 of BNS was registered against PSI Shirvoikar, on October 23. One Tanvir Ashok Parwar, 23 of Bhati, Sanguem had lodged a complaint against the Edberg regarding the nuisance caused by him at Navelim. A detailed complaint filed by PI Samant has now come under legal scrutiny by All India Advocates Union, Goa unit spokesperson Adv Seoula Vas representing the victim. The complaint, which purports to narrate the events that led to the injury of Pereira, forms the foundation for the belated registration of an FIR against PSI Shirvoikar. “This very complaint ‘betrays a clear intent to shield the accused officer’ and ‘has been crafted in a manner that deliberately dilutes the seriousness of the crime’. The ‘Soft’ complaint and an eight-day delay,” she said. Adv Vas pointed out that PI Samant’s complaint, filed eight days after the incident, reads like a “carefully worded internal note rather than a criminal complaint.” Meanwhile, Edberg continues to be critical in the ICU of GMC. On Friday, the doctors tried to shift him from the ICU to the ward, but he was again admitted to the ICU due to breathlessness. Social activist Pratima Coutinho in a social media post has appealed to the people to pray for the speedy recovery of Edberg.
