‘History sheet is not a product of the CrPC; being misused to crush dissent’

Team Herald

PANJIM: What started as a discussion on the legal sanctity of putting people on the history sheet, turned into a wide ranging one on how those fighting for people’s causes in Goa, are increasingly at the receiving end of the law.

Former Superintendent of Police Alex Rasquinha, who served in Goa, Daman and Diu for 35 years, said, “A history sheet is meant to keep vigilance on criminals who are involved in property offences. This is the main motive of putting persons on history sheet. Therefore a watch was kept on them during the night time, whether they are at home or not.”

A case in point is that of farmer activist Hanumant Parab of Pissurlem.

Parab, who was at the receiving end of the law, who fought for protecting the fields from the mining dust and to prevent trucks from passing through the fields. He was allegedly thrashed at the Valpoi Police Station and then went on to knock the doors of the PMO, the President of India and various commissions, including the State Police Complaints Authority. But prior to the G20 Summit in Goa, he was summoned and told that he was put on the history sheet, even though a notice was served to him under Section 149 of IPC.

When questioned about the case of Hanumant Parab, Rasquinha said the history sheet was misused. “Is he a history-sheeter? Is he involved in property offences? Why are you mixing this?” the former Superintendent of Police questioned emphatically.

The question is therefore — is all activism getting stonewalled by the police by stretching the law to quell dissent in a manner which is unacceptable? And the broad topic of discussion on Herald TV’s Point Counterpoint programme “Are laws being stretched to rein in people’s movements in Goa?”

Criminal and Human Rights lawyer Adv Caroline Colaco said, “If anyone gets a notice under Section 149 of IPC it has to be on the basis of reasonable apprehension that the person is going to commit a cognisable offence so that they can be arrested under Section 151 of IPC. But the basis for this notice is that there should be ‘genuine grounds’. There has to be ‘reasonable’ apprehensions. There has to be some kind of database with the police to believe that this person is going to commit some kind of breach of law. In the absence of that sending a notice under Section 149 is completely illegal, arbitrary and cannot be sustained.”

Premanand Mahambare, one of BJP spokespersons in the recently dissolved media team, absolved the government from these acts and attributed them to “over enthusiasm of the local police”.

But Political Observer Trajano D’Mello, reporting sharply said, “This so-called over enthusiasm of the police, comes from directions from the govt, otherwise the police will not act in this way. Secondly, even if we say something (which the police does) is illegal, what is the deterrent? What is the punishment from the court? The courts are just saying it is illegal and it cannot be done. If there was a deterrent, no police officer would have ever dare to do it. But there is no deterrent, so this is going on.”

Trajano added, “Speaking about morality, everyone knows how a police officer gets a job. What do you expect him to do when he has started his career with absolute immorality? So, he is out to only please his bosses. This is a curse and it will continue and as I always say, only God can save us.”

Farmer activist from Pissurlem, Hanumant Parab, who is involved in fighting to get rid of the mining silt from his and other farmers’ fields, said after he received the notice under Section 149 and thereafter, he went to the Valpoi Police Station and asked the Police Inspector why he had sent the notice to him. 

“At that time the PI told me, we have put you under the history sheet and that’s why we have sent you the notice and to cancel this you have to approach the court. I questioned him why me, why not criminals? I was told that this was told to PI by Superintendent of Police that if a person has more than 4 cases against him, he should be included in the history sheet.”

Elaborating about his case, Parab stated, “I questioned him since you are the PI, do you or does the SP know better about troublemakers within your jurisdiction? So accordingly, this is just a conspiracy to harass me.”

Mahambare tried to normalise this by saying leaders of agitations are “normally” targeted.

 “Normally when there is an agitation, it is the duty of the police to maintain law and order and peace. So, police will naturally target those who are leading that agitation. It is because of this that leaders are sometimes arrested”, he said.