Lawyers, ex-cops, activists smell a rat at police handling ATS staff extortion episode

Suspect politician-bureaucratic-criminal nexus and that the trail of money is leading to a top cop; want police to take suo motu action, book the involved cops and start probe; say police have the powers to register cases on behalf of the State

PANJIM: With the Director General of Police (DGP) Jaspal Singh trying to sweep the Anti-Terrorist Squad (ATS) staff extortion case under the carpet, there are silent whispers across the department that the trail of the money is leading to a top Goa Police official.

As the police wait for a complaint to be filed, many questions still remain unanswered about the sudden change of mind by the DGP, who first accepted the incident and then insisted on a complaint in the matter.

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Senior lawyers, former police officials and activists smell a rat in the entire manner in which the case is being handled by the police. They say that the police should take suo motu action in the matter, book the involved cops and start inquiry into the matter. Some also say that to reinstate trust into the minds of the people regarding police they have to act in this matter.

A senior police officer on condition of anonymity stated that the police have the powers to register cases on behalf of the State. No one can stop a police officer from filing a complaint on behalf of the State against the offenders. In this matter there is a photograph published in the newspaper and a video clip was circulating on social media and hence the police should have taken suo motu cognisance in the case as they do in gambling, matka and NDPS when there are no complaints lodged. It is the duty of the police to register and investigate the matter and bring the case to its logical conclusion rather than sweeping it under the carpet and drawing flak from the police.

There cannot be smoke without fire, said the police official and wondered if there was no complaint then why the four constables shunted out overnight to PTS, Valpoi and another senior cop went on sick leave.   

Trade Union leader Christopher Fonseca said, “The reluctance of Goa Police to register an FIR against cops involved in alleged extortion despite public uproar means there are several possibilities of the trail reaching to the top. The police cannot shirk its role and should immediately register an FIR and proceed with investigations by an officer with a clean record. The police failure means there is a top person’s hand in the `pie’. There is a politician, bureaucratic and criminal nexus.”

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Adv Raju Poulekar, practicing from Mapusa said, “If it is a cognisable offence the police can register an FIR and investigate the matter. If it is non-cognisable, the police cannot probe and permission has to be obtained from the Magistrate under Section 155 of CrPC. But the police still have to register a complaint which is non-cognisable. The complaint can be registered by anyone within whose jurisdiction the offence has taken place which includes the police,”

Retired Superintendent of Police (SP) Alex Rasquinha said, “As per rules the first thing should have been a departmental inquiry against those involved in alleged extortion by a Gazetted Officer having two ranks higher than the delinquents. Whether those involved are innocent or not would have been known after the inquiry report. But the Goa Police Department made a mistake.”  

“The entire episode shows that top police officials are shielding the extortionists. It is an open secret that ANC and traffic cops share their spoils with the top brass, who defend them to the hilt. The FIR should be registered, statements of all those involved recorded and a thorough probe be conducted,” said Sudip Tamankar, RTI activist.

“There is no requirement of any complaint to me made in such cases. Even without complaint cognisance can be taken. These are only ways to protect one’s own. Any person can put criminal law in motion and no independent complainant is needed. The State can also act as a complainant as per law. Therefore, a complaint ought to be lodged compulsorily suo motu and cognisance against the accused should be taken,” said Adv Shashank Narvekar, Mapusa Councillor.

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