2 years ago warrior Bismarque died. They haven’t brought him home, his death a mystery, with fellow warriors insisting that he was done to death

Was it a pure coincidence that late Bismarque Dias filed a complaint at the Old Goa Police Station of a threat to his life just a day before his disappearance from St Estevam Island on November 4, 2015 or is there still some reality hidden in the complaints filed by him? 

Bismarque had also filed similar complaints with the police even before that and that too by naming the people who will be responsible for the cause if anything happens to his life. 

It remains a still mystery, why Bismarque, few months before his death, would record a video confession in the church narrating threats to his life. The Police, who rejected to register a case of murder for over a year, has now once again concluded that they cannot find any evidence to relate it as a murder in his death.

It’s been two years for the death of the activist, a true son of the soil from St Estevam Island who had always devoted his life to protest against anti-environmentalists all over Goa. 

Despite the fact that the investigation is not concluding or linking any links towards murder, inquiry initiated by SDM concluded with the reason of death as drowning, but the villagers of St Estevam, family members and friends of the activist are still not ready to accept the theory of Goa Police. They feel that death is not due to drowning but believe  it was a systematic planned murder. 

The entire St Estevam village, the people, right from the elderly to youngsters, have only one say even after a year that “the village has lost a son and Goa has lost a warrior who was always seen fighting for the protection of mother earth.”

The body is still lying in the morgue of GMC at Bambolim, as relatives and family members have said that body of Bismarque won’t be laid to rest till additional inquest is done. 

Maria Dias, younger brother of the activist, said that the application under section 176 (1) of the Code of Criminal Procedure 1973, to carry out an additional inquest into the death was submitted on January 5, 2016 that has been neglected by the District Magistrate till now.  

The activist had died on November 5 whereas his body was fished out from river Mandovi at St Estevam near Babol Manos. He died at the age of 51, knowing what he was doing and proved that he always liked to serve the state of Goa.

BACKGROUND 

OF THE CASE: 

It may be recalled that the activist went missing on November 5 from Babol manos (sluice gate) whereas his body was fished out from river on November 7. 

Old Goa Police initially investigated the case but failed to register it as a murder despite a complaint from family members on the same day. It was also shocking that the same police station, which had three complaints filed by Bismarque prior to his death against some known people that he was threatened, didn’t register the case as murder and tried to investigate his death. 

However, with mounting pressure from civil society groups, NGOs and media, the government then transferred the investigation to the crime branch which, after a full inquiry, concluded the death was an unnatural and due to drowning. 

Crime Branch was probing ring the case under section 174 CrPc on the order on Sub Divisional Magistrate, which, however, concluded in February 2016.

Crime Branch has approximately quizzed 60 witnesses and recorded their statements. CB has stated that each and every allegation, each and every name which was alleged by the family, friends and activists has not only been verified but we have put it on record with their statements. 

The CB report includes report of both the postmortems, Viscera report, DNA profiling, Diatom test report, lie detector test attempts and the CDR (Call Details Record). 

POLICE ORDERED TO REGISTER A MURDER CASE

Following the closure of inquiry by crime branch and order by SDM that the death was due to drowning, the family members and the friends of the activist approached Bench of Bombay High Court in Panjim. 

The first petition was filed by Kenedy Afonso, Sudeep Dalvi and Samir Kelekar on May 26, 2016. The petition has pleaded for a complete investigation into all land dealings which Bismarque was protesting. 

The petition had further pleaded to give direction to Goa Police to register an FIR as murder in the death of the activist and complete investigation either by SIT (Special Investigation Team) or by CBI (Central Bureau of Investigation). 

The similar petition was filed in the High Court by family members   Mario Dias-brother and Maria, sister in-law of Bismarque almost after a month. Criminal lawyer Rayan Menezes was representing them in the court.

The two writ petitions filed by family members and the social activists in the mysterious death case of Bismarque has led to Court pass an order directing Crime Branch to register the case as murder. Court had observed that, on the same day family members have filed the complaint at Old Goa Police alleging the death as a murder. Court also considered the complaints filed by Bismarque before his death at the Police Station. 

However, Crime Branch after registering the case and investigating it for six months, submitted in the Court on November 1, that no clues of murder are seen in the course of investigation. 

In a writ petition before the Bench of Bombay High Court in Goa, the family members have alleged that there were serious lapses in the inquiry conducted by the Crime Branch and had also appealed to hand over the case for investigation with the central agency like CBI. 

There were also allegations in the petition that the proper mandate had not been followed by the investigating authority. It has also brought to the notice of the Court that the FIR is also not registered despite a complaint from the family members alleging the death as a murder.