PANJIIM: In a major relief to close to 50 villagers of Sonshi, the High Court (HC) of Bombay at Goa has quashed and set aside the First Information Report (FIR) as well as the criminal proceedings pending against them before the Judicial Magistrate First Class, Valpoi.
In its order to a criminal writ petition filed by Mahesh Gawade, the division bench of Justices M S Sonak and C V Bhadang ordered that FIR number 28.2017 registered by the Valpoi police on April 11, 2017 along with proceedings in criminal case number 7.2018 are quashed and set aside. The relief comes in view of lack of sufficient evidence to prove charges under sections 143, 341 and 506 (ii) read with 149 of IPC.
The petioner hadstated that more than 100 villagers including him and some children were legitimately and peacefully protesting against the extensive and uncontrolled mining dust enveloping their village.
“The villagers who came out in unison to protest were a sheer call of exasperation and frustration about the inaction from a callous and insensitive administration to the plight of the village and villagers. On seeing the police arrive, the protestors entered the police buses voluntarily,” he said denying the police probe that charged the villagers for wrongfully restraining the transportation and threatening truck drivers with dire consequences.
The petitioner along with over 75 villagers was initially taken to the Valpoi police station where they were detained for nearly two hours and their mobile phones were also seized. Some women and children were however let off thereafter. Those protestors who refused to leave the police station were kept in the custody and later in judicial lock up. An FIR was later registered against 45 persons including the petitioner who remained in custody for 9 days.
Since the protestors were fighting for their rights, the prosecution, during the hearing, also did not insist on continuing with the FIR. Public Prosecutor S R Rivankar told the court that the villagers were agitating against the dust pollution caused due to continuous plying of trucks laden with iron ore. He also stated it was a genuine grievance for their right to survival and environmental cause.
The bench, on hearing the petitioner and the prosecution, ordered quashing and setting aside the FIR along with the pending proceeding before the judicial magistrate.
