PANJIM: The Goa Police have been caught on the wrong foot for allegedly using a “history sheet” as a weapon to scuttle genuine activism in the State.
Criminal Lawyers have said that there is a Supreme Court as well as a High Court order preventing the Goa Police from putting criminals under the History Sheet.
Panjim-based noted criminal lawyer, Adv Arun Bras De Sa said, “The Goa Police do not have any police manual or a law under which persons can be listed as under history sheet.” And by its own admission, it does not follow the Bombay Police manual which provides for history sheets.
Farmer activist Hanumant Parab from Valpoi had received a notice from the Valpoi Police under Section 149 of CrPC to compulsorily visit the police station on April 13. Parab informed that when he arrived at the police station, he has warned that he was listed under the history sheet of criminals.
When the police were questioned, they said that any person, who has three or more crimes registered against him, can be included in the history sheet.
But this doesn’t hold any water, say Goa’s top criminal lawyers, relying on the Ajju C S vs State of Goa case.
In Ajju C S vs State of Goa, the High Court was hearing a petition challenging the order passed by the Superintendent of Police, North Goa on June 13, 2017, whereby a history sheet was opened against the petitioner, directing him to furnish his photograph, fingerprints, and other details in order to maintain surveillance on him.
The respondent Goa Police did not dispute the argument of the petitioner that they have not adopted the Bombay Police Manual.
That aspect is not disputed by the respondent (Goa Police) in the affidavit in reply that the matter about the adoption of the provisions of the Bombay Police Manual is under consideration of the Government.
In the absence of a provision authorising the respondents to open such a history sheet, the impugned communication (Order of North Goa SP) cannot be sustained.
Criminal lawyers and senior police officials have said that there is no provision for preparing a history sheet in the Goa Police.
A senior police official said, “It is true that Goa police can’t prepare a history sheet because they have not adopted the Bombay Police Manual. However, they send notices under section 149 CrPC to the habitual offenders,” he said.
Lawyers have differentiated a notice under Section 149 of CrPC and opening a history sheet. The police issued a notice to Parab under Sec 149 stating it apprehended he would be involved in criminal activities during the visit of VVIPs for the G20 meetings, which they have a legal right to do against anyone. But telling Parab that he is a “history-sheeter” is legally not tenable.
Meanwhile, activists allege that the police have been working overtime to send notices to activists fighting against major issues faced by the State and using the term history sheet to instill fear among the activists.
Activist Orville Dourado, who has been fighting against the railway double tracking, especially in coastal Mormugao said, “These are activists who are giving their valuable quality time to the betterment of the State of Goa. However, the government is unleashing its political vendetta through the police to scuttle genuine activism,” he said.
“We have been fighting for the cause of Goans and what we get in return is getting framed in police cases, assault, and methods to finish our movement,” he added.
