Members of the legal fraternity have called for a fair and impartial in vestigation into the alleged assault on Edberg Pereira, a Navelim resident in po lice custody. They believe an inde pendent agency, uncon nected to the controversy, is crucial for public interest and justice, as an officer from the same police sta tion cannot credibly inves tigate the incident. Legal experts highlighted previous transfers of South Goa cases to an independ ent Goa Police wing, the outcomes of which are cur rently unknown. Advocate Pritam Morais, former Special Public Pros ecutor for the State, high lighted the importance of impartial investigations for a fair trial and stated that justice must be both fair and perceived as fair. Morais believes an in dependent agency, not in volved in the controversy, should conduct investiga tions to ensure public in terest. If the investigating agency is part of the dis pute, the investigation’s credibility will be doubted, which is contrary to public interest and justice. He noted that investi gations by police officers into their colleagues raise concerns about bias and potential cover-ups. Given the public scrutiny and dis trust against the police in this case, an independent agency is crucial for con fidence, transparency, and accountability. Allowing an officer from the same police station to investigate colleagues’ alleged crimes compro mises credibility. The vic tim’s family distrusts the involved police station, and even an impartial of ficer from the same station would not gain their trust. Morais cited the Su preme Court’s principle, ‘nemo judex in causa sua’, which prohibits the ac cused, their colleagues, or subordinates from inves tigating their own alleged wrongdoing. A former DySP, who wished to remain anony mous, stated that an assault on a person by police, even before formal police cus tody, constitutes custodial violence. He referenced the D K Basu vs State of West Bengal (1997) case, where the Court ruled that police are responsible for a per son’s safety and bodily in tegrity once they are under physical control. Violations can lead to criminal pros ecution, departmental ac tion, and personal liability. Social activist Menino Santana Fernandes from Sao Jose de Areal described the alleged assault on Ed berg Pereira as a concern ing trend. He called for the sacking and charge-sheet ing of the involved officers, arguing that suspension is insufficient. A city advocate recalled the August 2024 suicide of Margao lawyer Adv Jayant Prabhu, which led to an FIR against a Lady Police Sub-Inspector. The case was transferred to the Crime Branch, but its outcome remains un known
Legal Fraternity Demands Independent Probe into Alleged Custodial Assault of Navelim Resident Edberg Pereira
