There are many such instances in which it has been alleged that the police have failed to act in time against the offenders, especially when the victim was a commoner and the accused a powerful personality in the society. So, do we have enough reasons to raise this question that the Goa Police only work for the powerful?
Responding to the question, senior advocate Ryan Menezes said that there is a common perception that the police today exist only for the powerful. But it may be difficult to consider this as an absolute proposition.
“But the fact remains that it comes across to us very often that the police decline to act. There are a number of reasons for that. One of them perhaps is the interference in their working from higher officials, who could be applying pressure on the police to act or not to act. The other reason could be dishonesty of the officer concerned. He may be offered an incentive to act or not to act. So, eventually this creates the image that he is only working for the powerful,” Adv Menezes said.
He said that sometimes this action is related to power and at other times, it may be related to money. Of course, beyond this, there would be instances where the police officials have acted fairly.
“Perhaps, some systemic changes are required and in my opinion, it has to start from insulating the police from the political structure that exists above them. They have to be made aware about what the law mandates. On registration of an FIR, the Supreme Court (SC) is quite clear that the police have to register it. They can’t embark on preliminary inquiries, except in certain exceptional cases,” he said.
Generally, if the cognisable offence is disclosed, the police have to register an FIR.
“If they are made aware of the fact that by not registering an FIR, they are doing contempt of court, then this may evoke a different response. There are other matters like uploading of FIRs, for example in the Arnesh Kumar case judgment on when the police can arrest and when it cannot, perhaps, there is a requirement to make the police aware of all these directives given by the SC that clearly lays out on how they need to act when they have to investigate a criminal case,” he said.
Former Deputy Inspector General (DIG) of Police (Crime and Range), Goa, Bosco George said that there are variations in the police system.
“But then, by and large, being a small State, the police seem to be accountable for everything. There is RTI, the court, Police complaint Authority, the press...most of the time we are spending our time defending ourselves. As far as SC judgment is concerned, no officer would like to overlook the directions of the apex court and be held in contempt,” DIG George said.
“Whenever these issues are brought to the notice of any higher official, he can take the offender to task. As compared to any other government department, Police is the only department where a person can be suspended for dereliction of duty. I have done it. So, our accountability in comparison to any other government department is immediate,” the former police officer said.
But due to the small size of the State, the challenges are arising even at the senior level. There are certain red lines the police can’t cross.
“But we have some characters, who sometimes get over enthusiastic and try to do this. But experienced officers would never want to get into such a situation,” he said.
But the elephant in the room is politics and the politicians. While one can easily say that every State is infected with the political virus and the lines between the executive, politicians and the police force is blurred completely. This is why one sees that when a particular government comes to power, one can easily figure out what would be the list of transfers that would happen, right from the Police Sub-inspector (PSI) level to Superintendent of Police (SP) level.
People at SP and higher level are mainly IPS officers, who come from outside. The problem mainly lies at the Psi and PI level. So, is the absolute politicisation of the Force, the ribbon that is tying up the whole package of mess?
The former DIG, Bosco George said till 1987, transfer of officers with police stations was with the IGP.
“Goa being a small State, it was not a big issue for the IGP to know which officer was capable and who wasn’t. From that situation, we have changed so drastically. As long as the basic police operations like transfers are controlled by the Executive, then political interference is bound to happen. Somebody is going to exploit the situation. One has to change this first, then the police can be held accountable.”
Journalist and documentary filmmaker, Shweta Bajaj said that Goa’s policing troubles are quite deep.
“Firstly, politicians are not perhaps directly controlling the police; they are merely acting as middlemen. No one knows where the orders are coming from. Secondly, Goa is a small State. But in the garb of being a small State, a lot of things have happened here. That is why we saw Hyderabad Police coming to Goa and making arrests. Police force has to be apprised of the fact that Goa is no longer a small State. A lot of people have come here from outside and made it a crime hub. They commit crime in another State and take refuge here in Goa,” Bajaj said.
Citing an example she said that two boys from Kochi, Kerala who were involved in criminal cases, came to Goa and were arrested for committing crime here. These kinds of cases need to go down.
“Thirdly, the coastal belt needs to be looked at very carefully. Yes, there is tourism, that is why a lot of free hand is given. But when a large number of people come here to stay, a lot of alcohol and drug consumption happens and the situation can go out of hand. Till a few years ago, we did not have to worry so much because the influx of outsiders into Goa was very less. In 2014, we didn’t have many flights coming into Goa. But now, a large number of youngsters come to Goa, the trouble then just mounts,” Bajaj said.
The senior journalist also emphasised on the need to increase the strength of the State’s police force. There is also a need to upgrade the training modules of police officers.
“I saw a lot of personnel from the narcotics department frequenting night clubs to see what was happening. But the training remains nil. I have met quite a few police officers and realised that they haven’t had much training for the job they were put into,” she said.
Summing up her remarks, Bajaj said that the problem with Goa police is three-pronged. First is the power struggle. Then, Goa is no longer a small State. In fact, in the garb of being a small State, a lot of international crime syndicates are operating here and thirdly, the training of police officers is not up to the standard that a State needs.
The senior journalist also emphasised on the need to increase the strength of the State’s police force. There is also a need to upgrade the training modules of police officers.
Adv Menezes said training is not just the only issue here but also the use of technology and infrastructure.
“We are still sending forensic evidence for analysis to Hyderabad. We had a lab here. But it has not been equipped for more than a decade. So, the need for better infrastructure, greater use of technology like greater use of CCTVs is imperative. The court theft accused was caught with the help of traffic CCTV cameras. Imagine, if we have CCTV cameras to cover the entire city, crime detection will become easier,” he said.
He said that there is a need to step up the use of technology for surveillance, investigation, forensic examination – all this should be done within the State. Dependency on laboratories located elsewhere will cause inordinate delays in investigation, which would have a direct bearing on the outcome of criminal cases.
While on one side there seems to be gaping holes in the entire policing system, somehow the wheels of justice move at the pace set by the powerful. How does this supposed manipulation happen, where if few have some element of power or have access to it, the law bends towards them?
Human rights activist Cyril Fernandes said that most of the experts have looked at the policing issues from the micro-level.
“I have spent 40 years of my life in activism out of my lifetime of 57 years. I look at it from a different angle. If I look at the macro-level problem with policing in India, the police system in India is a legacy of the British. It was formed to suppress the voices of dissent and keep the powerful to remain in control for doing its job. Nobody was supposed to question them. It remains that way even after Independence,” Fernandes said.
“The police continue to support the government and the rich, many of whom are bigger criminals and the government needs the police to protect their crime. So, police will never work towards protecting the interests of the common man. This is the history of Indian police. Same applies for Goa,” he said.
The activist said that Goa is a State by default and therefore the police are also there by default. Quoting former Chief Minister Manohar Parrikar’s remarks made by him in the Assembly while presenting the 2013-14 State Budget, Fernades said, “‘Politics-police-criminal nexus in Goa is deep rooted’. If this is the statement given by none other than the Chief Minister of the State on the floor of the House, then I have nothing more to say on the state of policing.”
He said that the rich control the government, and the government controls the police. The rich need to survive, who then use the police against anyone who raises voice against the system.
“It’s a free for all in Goa and nobody can stop it,” he added.
Once the FIR is registered in the police station, a certain legal procedure has to be followed. There are many cases where this is not done, especially in human rights cases. For example, the case of Hanumant Parab, who was brutally assaulted by the police for protesting against mining trucks. He has gone to the President and Prime Minister’s Office. Directives have been issued to the State government to take cognizance of his case, yet the police have failed to register an FIR. In another act of police brutality, Adv Gajanand Sawant was allegedly assaulted by Porvorim Police last December. The assault caused widespread rage among the lawyers’ community. The fate of this case is not known.
In another incident, in the middle of the road near Porvorim, a policeman returning from duty allegedly thrashed a journalist. These are just stray incidents and it is likely that more such cases of alleged police excesses are happening everyday, which do not get highlighted.
More recently, 75-year-old French actress Marianne Borgo, who was allegedly held hostage in her house, accused the police for not registering an FIR on the basis of her complaint. So, what aspect of law is getting violated?
Adv Menezes said that Section 154 of the Criminal procedure Code (CrPC) contemplates that Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him and that constitutes the registration of an FIR in the prescribed register. A copy of the FIR has to be given forthwith, free of cost, to the informant.
There are multiple court judgments that have stated that failure in registering an FIR will be considered as dereliction of duty. If a cognizable offence is disclosed, then the police would have to register an FIR.
"What the police do is either they water down the sections which are invoked, and register it as a Non-cognizable offence. Or they simply write back to the complainant, stating that the matter is a civil dispute and it can’t take it up. It may be a civil matter, but they can’t exclude criminal liability,” the senior lawyer said.
According to him, invariably, the police use these kinds of excuses to avoid registration of FIR, which could be due to pressure from the higher authorities instructing the police not do proceed with the case or it could be because whenever FIR is registered, the police have to investigate the case, which means additional pressure on them.
“In such a scenario, the complainant has to first write a letter to the jurisdictional SP, asking him or her to intervene and direct the PI to register the FIR. If that is not done, then under Section 156 (3) of the CrPC, the complainant can go to the Judicial First Class Magistrate (JFMC) and ask for a direction to the PI to register the FIR. The Magistrate, while examining such an application, would look at only what the PI is expected to look at while registering the FIR, that is whether a cognizable offence is disclosed or not,” he said.
He added that many people don’t take up their complaint with the JFMC, instead go to the local MLA, who does not have any statutory power.
“When he responds, he is thinking about how it will impact his re-election prospects. The Magistrate on the other hand, is most certain to give you justice if the facts are clear. I look at the judiciary as the last bastion of justice. There is a very effective remedy available under Section 156 (3) of the CrPC, which unfortunately is not being utilised,” he said.
Former senior police officer Bosco George said that if a police officer does not take cognizance, the remedy is the SP.
“I have been a district SP, nobody ever came to me for remedy in such cases of non-registration of FIR. We are condemned at the very beginning that offence has not been registered. But in that case, what remedial steps have the complainants taken? They rush to the politician,” he said.
“If they are going to take short cuts, our guys in the police station will also take short cuts. Come to the SP and if he or she also does not take cognizance, then you are justified in accusing the police of not performing its duty. There are other options also available like the judiciary and the Police Complaints Authority to deal with such issues,” George said.
He asserted that there are legal provisions available for dealing with issues like non-registration of FIR and going to the local politician is the wrong way of doing it.
On the issues related to the Police Complaints Authority, the former DIG said that the role of the Authority is to inquire whether an FIR has been registered or not.
“How long does it take to find it out? The inquiry process is stretched for months together. Finally, the Police Complaints Authority is only a recommending body. But, there have been cases where the Authority has ordered dismissal of an officer. Only the appointing authority has the powers to appoint or dismiss the concerned police officer. If the appointing authority for a Police Inspector is a DIG, his authority can’t be overrun arbitrarily,” he said.
Police reforms have been long overdue. Budgets come and go, but there are hardly any provisions made by the Centre or States to modernise and strengthen the police force, which is the main authority to ensure internal security of the nation.
At a time when the nature of crime is changing and the offenders are becoming smarter with the help of technology, time is ripe for the governments to realise the need to equip our police force to not only deal with the tech-savvy criminals, but also prevent large scale damage that they can do to the people. Be it modern weapons, investigation tools or court directives, it is essential that efforts are taken to equip the Men in Khaki to be able to perform their duty effectively.