Members of the legal fraternity have urged a fair and impartial investigation into the alleged assault on Navelim resident Edberg Pereira while in police custody.
They emphasised that an independent agency, unconnected to the controversy, is vital to ensure public trust and justice, arguing that an officer from the same police station cannot credibly investigate the case.
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Legal experts also pointed out that several South Goa cases were previously transferred to independent wings of the Goa Police, though the outcomes of those probes remain unknown.
Advocate calls for unbiased investigation
Advocate Pritam Morais, former Special Public Prosecutor for the State, underscored the importance of impartial investigations for a fair trial, saying justice must not only be fair but also perceived as fair.
He stressed that investigations should be conducted by an agency uninvolved in the controversy to maintain public confidence. “If the investigating agency is part of the dispute, the credibility of the process will always be questioned,” Morais said, adding that such situations undermine justice.
Concerns over internal investigations
Morais further noted that when police officers investigate their own colleagues, it raises concerns of bias and possible cover-ups. Given the public distrust surrounding this case, he maintained that only an independent probe can ensure transparency and accountability.
He added that allowing an officer from the same station to investigate colleagues compromises credibility, especially as the victim’s family already distrusts the police involved.
Citing the Supreme Court principle ‘nemo judex in causa sua’ (no one should be a judge in their own cause), Morais highlighted that accused individuals, their colleagues, or subordinates must not investigate their own alleged misconduct.
Ex-DySP and activists weigh in
A former Deputy Superintendent of Police (DySP), speaking on condition of anonymity, said any assault by police officers—even before formal custody—is considered custodial violence.
He referenced the landmark D.K. Basu vs State of West Bengal (1997) ruling, where the Supreme Court held that police are responsible for an individual’s safety and bodily integrity once under their physical control. Violations, he said, could lead to criminal prosecution, departmental action, and personal liability.
Meanwhile, social activist Menino Santana Fernandes from Sao Jose de Areal termed the alleged assault a “concerning trend”, calling for the immediate sacking and charge-sheeting of the involved officers, saying that suspension alone is insufficient.
Previous case cited
A city advocate recalled the August 2024 suicide of Margao lawyer Adv. Jayant Prabhu, which resulted in an FIR against a woman Police Sub-Inspector. The case was transferred to the Crime Branch, but its outcome remains unknown to date.
