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					Comparison Goa Custodial Death Case CYPRIANO CORNELIO FERNANDES of
09.01.2011 vis a vis Gurgaon Custodial Death Case KRISHAN KUMAR of 12.01.2010

Detail                   Gurgaon Custodial Death          Goa Custodial Death Case
                         Case (Krishan Kumar)             (Cipriano Fernandes)
Date and time of arrest  11.01.2010 at 10.30 A.M. by      07.01.2011 at 10.30 P.M. by
                         P.S. Sector 5, Gurgaon           P.S. Town, Panaji
                         whereas deceased was on bail
                         from       05.08.2009      to
                         11.02.2010 and magisterial
                         inquiry     concluded    that
                         circumstances under which
                         bail      was     prematurely
                         cancelled are unclear and not
                         available on record of the
                         court file
Medical done at time of No                                No
arrest
Transfer to jail         11.01.2010 at 5.35 P.M. by       No
                         P.S. City, Gurgaon
Jamatalashi by police    No                               No
Jamatalashi by jail      No                               Not Applicable
Thorough medical by jail No                               Not Applicable
M.O.
Brought to hospital from Brought dead from jail at 7      Brought in serious condition
                         A.M.       on     12.01.2010.    from P.S. Town Panaji at 3
                         Declared brought dead at 7.50    P.M. on 08.01.2011. Expired in
                         A.M.                             hospital at 6.35 A.M. on
                                                          09.01.2011
Post Mortem Done at    Civil Hospital Gurgaon at 9        Goa Medical College and
                       A.M. on 13.01.2010 nearly          Hospital at 9 A.M. on
                       26 hours after death. Items        09.01.2011 within 2-3 hours of
                       banned in jail i.e. bidi packet    death
                       and yellow metal pendant
                       found by doctors during post
                       mortem on 13.01.2010 giving
                       the lie to claims of
                       jamatalashi by police and jail
                       staff
Injuries reported by Yes, 15 photos of injuries           8    injuries   reported     by
magistrate             taken by photographer of P.S.      magistrate as against 7 injuries
                       Bhondsi,        Gurgaon     on     reported in PMR
                       12.01.2010 at about 2 P.M.
Video recording PMR as No                                 No
per NHRC Guidelines
Injuries and cause of Cause of death withheld             7 injuries out of which 2
death reported in PMR  awaiting viscera report. PMR       injuries to the head cause of
                       silent as to injuries              brain swelling
Viscera report         Not received even after 16         Received on 28.01.2011 within
                       months from FSL Madhuban,          19 days from FSL Verna, Goa
                       Karnal
Magistrate report      Witnesses       examined    till   All witnesses examined by
                       25.03.2011 in 14 months            04.02.2011 in about 3 weeks
Magistrate report      PMR received on 13.01.2010         Final PMR with cause of death
                       at 10.30 A.M. less cause of        and viscera report received on
                       death which continues to be        28.01.2011 and final report of
                       withheld awaiting viscera          magistrate     submitted    on
                       report. Report submitted on        03.02.2011
                       02.04.2011 only because
                       magistrate posted to Sirsa on
                       01.04.2011
Special     Investigation No                                Yes, on 04.02.2011
Team (S.I.T.) appointed
by State Govt
Death reported to NHRC No                                   Yes, on 11.01.2011
by police
Report to NHRC by jail    No record of report exists        Not applicable
                          with NHRC; unsubstantiated
                          affidavit of Bhondsi Jail
                          Superintendent         without
                          SPEEDPOST            reference
                          number etc that report was
                          made on 12.01.2010
Report to NHRC and Case dismissed after report              13.04.2011:
action                    by some NGO to NHRC               … case crime No.4/11 for the
                          without any intimation to         offences punishable u/s 302/201/34
                                                            IPC has been registered at PS
                          NOK of deceased. NGO had          CID/CB, North Goa on 8.2.2011
                          asked for suspension of Jail      against the policemen. … As per the
                          Superintendent for fair and       magisterial enquiry report the
                          impartial investigation but it    policemen have been held responsible
                          acceded to dismissal of case      for the death of deceased Cyprian
                                                            Cornelio Fernandes. … let notice u/s
                          based solely upon a false         18 of the Protection of Human Rights
                          affidavit   of    said     Jail   Act 1993 be sent to Chief Secretary,
                          Superintendent alone.             Govt. of Goa, Panaji calling upon him
                                                            to show cause why interim relief may
                                                            not be recommended to be paid to the
                                                            next of kin of the deceased. He is also
                                                            directed to apprise the Commission
                                                            about the status of case crime
                                                            No.4/11. Response in four weeks.
Complaint/ Appeal to Complaint to Haryana SIC on Three appeals to Goa SIC
State      Information 04.05.2011                Appl117-10:Jowett     D`souza,      Colva,
                                                 Salcete.Vs.1) PIO, Supdt of Police, Police
Commission                                       HQ, Panaji.2)FAA, IGP, Police HQ,
                                                            Panaji. Partly allowed. Appeal is disposed
                                                            off. 28-02-2011
                                                            Appl118-10:Jowett D`Souza, Colva,
                                                            Salcete Vs.1) PIO, Supdt. of Police, Police
                                                            HQ, Panaji.2)FAA, IGP, Police HQ,
                                                            Panaji. Appeal allowed to the extent
                                                            enquiry is concerned. Appeal is disposed
                                                            off. 28-02-2011
                                                            Appl119-10:Jowett       D`souza,    Colva,
                                                            Salcete Vs.1)PIO, Supdt of Police, Police
                                                            Hq., Panaji.2)FAA, IGP, Police Hq.,
                                                            Panaji. Partly allowed. Disposed off by
                                                            order dtd.28.02.2011.
Complaint for FIR           At     P.S.    Bhondsi     on   By Kenneth Silveira, an eye
                            23.04.2011 by wife and          witness to the beating by police
                            brother of deceased - pending   on 26.02.2011 – pending FIR
                            FIR
FIR against policemen       None                            Case crime No.4/11 for the
                                                            offences      punishable   u/s
                                                            302/201/34 IPC has been
                                                            registered at PS CID/CB, North
                                                            Goa on 8.2.2011 against the 59
                                                            policemen on duty from 10.30
                                                            P.M. on 07.01.2011 to 11.55
                                                            A.M. on 08.01.2011
Cipriano’s death report sent to Rights Commission
19 January 2011
http://www.goacom.com/joel/news/goacomnews/index.php?txtDate=2011-01-19

Goa Police has submitted case details of the custodial death of Moira resident Cipriano
Fernandes to the National Human Rights Commission (NHRC) in New Delhi. A copy of the
same was sent to the Goa State Police Complaints Authority (GSPCA) on Monday. North
Goa Superintendent of Police Arvind Gawas told SPCA that NHRC in a report on January 11
is informed that Cipriano’s death is being treated as ‘custodial death’. “The case is being
treated as custodial death and a magisterial inquiry is in progress…” reads an extract from the
report. [H]



Monday, 24 January 2011

SUMMONS ISSUED TO CIPRIANO WITNESS

http://nizgoenkar.blogspot.com/2011/01/summons-issued-to-cipriano-witness.html
PANJIM: A key witness in the case who saw Panjim police kicking ‘motionless’ Cipriano
has been summoned on January 27. Sources said that Kenneth Silveira turned down SDM’s
informal summon request via telephone. He was then sent formal summons notice asking him
to appear for questioning on January 27 evening.
SDM who is carrying out a parallel inquiry into the episode has so far examined 22 witnesses
excluding doctors from the Forensic Department of the GMC.
Silveira said on late Thursday evening, narrating the shocking tale of how brutally Cipriano
must have been treated after which he held a press briefing on Saturday.
Silveira said that Cipriano was ‘motionless’ and he thought he was dead.
“There was froth oozing from his mouth and there was a very foul smell. His face was
swollen, his clothes were torn and his trousers almost ripped off with his undergarments
visible. There were white chalk marks on his clothes” he said




3 cops suspended for procedural lapses in Cipriano’s arrest
Published on: January 26, 2011 - 02:07
http://www.navhindtimes.in/goa-news/3-cops-suspended-procedural-lapses-cipriano-s-arrest

PANAJI: Three policemen attached to the Panaji town police station were placed under
suspension for procedural lapses in the arrest of Cipriano Fernandes, who later died in the
Goa Medical College and Hospital.


Police inspector, Mr Sandesh Chodankar, police sub inspector, Mr Radhesh Ramnathkar and
head constable, Mr Sandeep Shirvoikar were suspended with immediate effect by the Director
General of Police, Mr Bhim Sain Bassi on the basis of an interim report submitted by DySP
Mr Bossuet de Silva.
After conducting an inquiry, the DySP had come to the conclusion that the three policemen
had not adhered to guidelines for making arrests which were laid down by the Supreme Court
in    1996,        said    SP,   Mr      Atmaram        Deshpande        who      briefed   the   media.
Cipriano was arrested on the night of January 7 after his girlfriend complained that he had
threatened her with a knife. The next day he was admitted to the GMC after he started
frothing      at     the    mouth.      He      died      on     the     morning      of    January   8.
The cause of death is yet to be ascertained, although initial findings revealed seven simple
injuries on the body. Mr Deshpande said Mr Silva was instructed to conduct an inquiry into
the procedural lapses at the time of arrest and not the death of Cipriano. The final report is
awaited. Police inspector, Mr Ramesh Gaonkar, who is presently in Economic Offences Cell
will hold additional charge of the Panaji town station.


Friday, 28 January 2011

FINAL REPORT OF SDM: CIPRIANO DIED DUE TO HEAD INURIES IN POLICE
CUSTODY
http://nizgport.blogspot.com/2011/01/final-report-of-sdm-cipriano-died-due.html

PANJIM: The Goa Medical College and Hospital doctor, Dr Silvano Sapeco deposing before
the JMFC, Panjim on Friday said that Cipriano died of two head injuries. This was revealed
to the press reporters by the Sub Divisional Magistrate, Tiswadi, Mr Shabaji Shetye. Mr
Shetye further said that so far he has quizzed 30 witnesses relating to the case and statements
of 3-4 persons are yet to be recorded. He said the inquiry is still incomplete and expected it to
complete within the next few days.


After going through the histopathological, viscera and post mortem reports, Dr Sapeco in his
final report submitted to the JMFC judge said that Cipriano’s death occurred as a result of
concussion and swelling in the brain which was a result of two injuries on his head – injury
nos 6 and 7 mentioned in the forensic post mortem examination report. The injury nos 6 and 7
on the head were due to a blunt force impact. The post mortem report had clearly mentioned
that there were seven simple injuries on Cipriano’s body.


Mr Shabaji Shetye stated that he has checked the police records like the station diary, arrest
register, log book, wireless radio message besides the diet register and clothes of Cipriano
which were on his body on the day he died. He informed that all the documents were handed
over to the JMFC judge Friday evening.


Speaking to the press reporters, Mr Shetye stated that he was summoned by the JMFC, Ms
Shabana Shaikh to depose before her. Mr Shetye informed that the Judicial Magistrate First
Class commands powers under Section 176 to summon him and ask him about the case.
Meanwhile, the SDM recorded the statements of two witnesses in the Cipriano case Friday
evening.
It may be recalled that three policemen were placed under suspension by the DGP, Mr Bhim
Sen Bassi on the basis of an interim report submitted by the DySP Mr Bossuet de Silva. After
conducting an inquiry, the DySP had come to the conclusion that the three policemen had not
adhered to Supreme Court guidelines while arresting Cipriano. The departmental inquiry is
still being conducted.


Cipriano was arrested on the night of January 7 after his girlfriend complained that he had
threatened her with a knife. The next day, he was admitted to the GMC after he started
frothing at the mouth. He died on the morning of January 8.




Beat the police con; know your rights

http://goanobserver.com/beat-the-police-con-know-your-rights.html



Jan 29th, 2011

By Melba Mergulhão-Carvalho Antão

We need to be enlightened about the rights guaranteed by our Constitution because naiveté
           or negligence could lead to illegal jail time, torture and even death.

ALL OVER the world the principles of the Habeas Corpus Act 1679 of England is in force
which, in plain words, orders that a person detained be produced before a judge for a hearing
to decide whether the detention is lawful or illegal. Only under Martial Law there is a
cessation of habeas corpus (which in Latin means ‘produce the body’) denying detained
persons their human right to challenge their arrest by an independent court or
judge/magistrate. Our founding fathers incorporated the same rules into the fundamental
rights of all citizens of India that everyone has the right, on arrest, or detention to be informed
promptly of the reasons why; to appoint a counsel without delay and to be informed of that
right and to be released if the detention is not lawful. Only under martial law or emergency
rule are citizens denied the opportunity to legal redress.

The treatment meted out to 39-year-old NRI seaman Cipriano Fernandes, Moira, for alleged
harassment of his lady friend during his annual leave visit to Goa resulted in the suspension of
three cops. He was arrested on January 8 and died in police custody - witnesses stated that his
corpse was lying in the Panaji police station for hours. The people were shocked that the
young man was tortured to death by the police without any family, doctor or lawyer to assist
him when arrested which, in actuality, is every citizen’s fundamental right under the Indian
Constitution. The public was shocked that the same could happen to them once in the hands of
the police even for minor violations.

                                                             MANDATORY

"THE D K Basu v/s State of West Bengal case is the last word on a police arrest and
investigation," affirms Adv Cleofato Almeida Coutinho, Margao. This case highlights the
mandatory procedure that the police personnel carrying out the arrest and handling the
interrogation must adhere to. "The arrestee should bear accurate, visible and clear
identification and name tags with their designations. The particulars of police personnel who
handle the interrogation of the arrestee must be recorded in a register. That the police officer
carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and
such memo shall be attested by at least one witness, who may be a member of the family of
the arrestee or a respectable person of the locality from where the arrest is made. The memo
shall also be counter signed by the arrestee and shall contain the time and date of arrest. A
person who has been arrested or detained and is being held in custody in a police station or
interrogation centre or other lock-up, shall be entitled to have one friend or relative or other
person known to him or having interest in his welfare being informed, as soon as practicable,
that he has been arrested and is being detained at the particular place. The time, place of arrest
and venue of custody of an arrestee must be notified by the police where the next friend or
relative of the arrestee lives outside the district or town through the Legal Aid Organisation in
the district and the police station of the area concerned telegraphically within a period of 8 to
12 hours after the arrest. The person arrested must be made aware of this right to have
someone informed of his arrest or detention as soon as he is put under arrest or detained. An
entry must be made in the register at the place of detention regarding the arrest of the person
which shall also disclose the name of the next friend of the person who has been informed of
the arrest and the names and particulars of the, police officials in whose custody the arrestee
is. The arrestee should, where he so requests, be also examined at the time of his arrest and
major and minor injuries, if any present on his/her body must be recorded at that time. The
"Inspection Memo" must be signed both by the arrestee and the police officer effecting the
arrest and its copy provided to the arrestee. The arrestee should be subjected to medical
examination by a trained doctor every 48 hours during his detention in custody by a doctor on
the panel of approved doctors appointed by director, health services of the concerned state or
union territory. Director, health services should prepare such a panel for all tehsils and
districts as well. Copies of all the documents including the memo of arrest, referred to above,
should be sent to the magistrate for his record. The arrestee may be permitted to meet his
lawyer during interrogation, though not throughout the interrogation. A police control room
should be provided at all district and state headquarters, where information regarding the
arrest and the place of custody of the arrestee shall be communicated by the officer causing
the arrest, within 12 hours of effecting the arrest and at the police control room it should be
displayed on conspicuous notice board/s."

                                            LAPSES

Coutinho explains that the "Constitution of India, particularly in Article 20, 21, and 22 guards
the rights of citizens - including criminals - who shall be prosecuted absolutely by the rule of
the land and, beyond a doubt, India follows the most civilised criminal jurisprudence in the
world. But somehow, for years now, India’s police force has not been following the
guidelines laid down by the rule of law and the Cipriano episode is strong case in point." He
continues, "Justice Straight of the Allahabad High Court, many decades ago, declared that our
police force is the most organised criminal body in the country! That is the reason why
confessions before the police are not accepted as evidence because police are well known for
extracting confessions under third degree methods."

Vishnudas Verneker, retd SP Margao affirms, ‘Firstly, Cipriano went to the house of his lady
friend and got into an abusive fight, thus creating an apprehension of physical assault too if
not deterred in time. Therefore, the lady friend called the police who rightly took him into
custody to avoid any untoward consequences because his entry into the house was
unauthorised in the first place. But the police committed a mistake by not sending Cipriano
for a medical examination on arrest, as per Supreme Court guidelines. They also should have
informed his relatives of his arrest and if the offence was bailable, he should have been
released on bail or a personal bond since there was nothing to be recovered from him that
warranted police custody." Neither was Cipriano taken to hospital for a medical examination
on arrest. "Had this been done, the police would have not been accused of assaulting/torturing
the accused in police custody. And because the Supreme Court guidelines and proper
procedures on arrest were not adhered to, the case is grabbing headlines today.

                                      SC PROCEDURES

ADV Gopal Tamba, Panaji, points out that "The Supreme Court (SC) has laid out procedures
for arrests and investigations wherein the police must prepare a First Information Report
(FIR) as stipulated under Section 154 of CrPC for a cognizable offense and be read to the
informant/complainant and be signed and entered in a ledger book kept by such an officer as
the state government may prescribe and a copy of the information recorded must be provided
free of cost to the complainant. If the police officer in charge of the police station does not
take necessary action then the complainant can write/inform the Superintendent of Police (SP)
complaining of the lapse. If the SP is satisfied with the complaint, then he will takeover the
case himself or direct an investigation to be conducted by a police officer subordinate to him
who will investigate the under the CrPC and procure statements from witness/es and collect
incriminating objects/items for greater analysis."

"Under Section 157, if the police officer in charge of a police station has any reason to suspect
the commission of cognisable offense which he is empowered under Section 156 to
investigate, he shall forthwith send his report to a magistrate empowered to take cognisance of
such an offense for remand of an accused. If the police officer in charge of a police station
finds that a cognisable offense has been committed and he has a reason to believe that the
accused has committed the offense, in that case, he can arrest the accused and produce
him/her before a magistrate within whose jurisdiction the offense has been committed for
investigation and to seek remand of the accused for the purpose of investigation which may
last up to 14 days in police custody. If the investigating officer finds the required evidence,
then the accused has the right to move the court for bail.

Under Article 22 of the Constitution of India, no person arrested shall be detained in custody
without being informed of the grounds of such arrest nor shall he be denied the right to
consult and to be defended by the legal practitioner of his choice. Adv Tamba clarified that,
"When a person is arrested, it is his constitutional right to be informed of the grounds for his
arrest and demand the right to consult, defend himself and if detained in custody for
investigation, he shall be produced before the nearest magistrate within a period of 24 hours
excluding the time necessary for the journey from the place of arrest to the court of the
magistrate and shall not detained in custody beyond the said period without the authority of
the magistrate."

                                       NO SURPRISE

"THE fact that the NRI Cipriano died in custody before being produced before a magistrate is
a dicey situation for the police. We do not know whether he had poor health before his arrest
but we do know that the police did not have a medical examination undertaken after his arrest.
The right to life is a fundamental right of a person under Article 21 of the Constitution. When
arrested it was the duty of the police to go through the regular procedures. Why is the
government fooling the people that everything is honky dory when actually there is no rule of
law in Goa? Politicians are controlling each other with a firm grip on the police force - so the
Cipriano mess is no surprise really. In the final analysis, each and every citizen is responsible
for the turmoil in the state for turning a blind eye to the breakdown in the rule of law,"
remonstrates Adv Tamba.

The former chairperson of the Women’s Commission, Adv Swati Kerkar, too reiterated
"every citizen has a right to be informed of his crime before his/her arrest. He should be
allowed to contact his legal adviser immediately so that he gets bails if his misdeed is
bailable. If the accused does not get bail and is remanded to police custody, then the police are
duty bound to produce the accused before a magistrate assigned to the locality so that the
magistrate, in his legal position, takes the decision to either release him/her on bail or
recommends imprisonment to facilitate investigation.

                                        SECTION 151

"MAKING arrests under Section 151 of the Criminal Procedure Code is today very
questionable in Goa," believes Gurudas Juwarkar, retd Dy SP Traffic, Velha Goa, "because
arresting under Section 151 is become very arbitrary when in actuality Section 151 allows
arrests as a preventive measure. Suppose I have slapped a person and am I likely to cause
more serious injury to that person or even kill that person, then as a preventive arrest, the
police are allowed to arrest me under Section 151. We understand through the press, that
Cipriano Fernandes had been violent with his wife/female friend but we do not know the
exact details of the course of events after the arrest. But my point is the police must use
Section 151 judiciously and not enforce it under pressure or personal whim."

A case in point of a ‘manipulatory’ use of Section 151 was the recent case of "a drunken
police constable who went to a casino and got into a fight there. The police were called and
picked him up even as he fought with them too. He was arrested under Section 151 when he
had committed a substantive crime that came under the purview of the Police Act or the
Indian Penal Code. But arresting him under Section 151 gave him a long rope to escape the
law since he was a policeman or allegedly he had a godfather somewhere," elaborates retd Dy
SP Juwarkar. There is arbitrary use of Section 151 by the police and often used under pressure
from powerful lobbies and rules/procedures for arrest are waived. Retired Dy SP Juwarkar
opines, "After so much of accusation against the police in the Cipriano case, the top brass
either in the police or home ministry should have come out in the open with the facts of the
case so that the faith of the public is restored in a policeman’s integrity."

It makes sense to be enlightened about the rights guaranteed by our Constitution because
naiveté or negligence could lead to illegal jail time, torture and even death, as in the case of
Cipriano Fernandes.




SIT to probe Cipriano death case
Published on: February 4, 2011 - 01:47
http://www.navhindtimes.in/goa-news/sit-probe-cipriano-death-case


PANAJI: Informing that a SIT will probe the Cipriano death case, the Home Minister, Mr
Ravi Naik on Thursday told the state legislative assembly that based on the report of the sub-
divisional magistrate of Tiswadi, who conducted an enquiry into the death of Cipriano
Fernandes in police custody, the government would initiate action against all police personnel
on duty at the Panaji police station from 10.30 p.m. on January 7 till 11.55 a.m. on January 8.


Replying to the issues raised by Mr Damodar Naik during the calling attention motion, the
Home Minister further stated that the SDM has in his report stated that appropriate action
under relevant offences under the Indian Penal Code be initiated against the police personnel
present on duty and investigate the matter meticulously. He further said that a special
investigating   team     headed    by    Mr   O    P    Kurtarkar   would   probe    the   case.
Mr Naik further informed that the SDM in his report submitted to the government on
Thursday stated that injuries number 6 and 7 on the head of the deceased caused during the
police custody resulted in his death. The SDM has also said that Mr Ryan Fernandes, the
driver of Bolero jeep, may also be impleaded.


Cypriano case: FIR against Bolero driver


Published on: February 11, 2011 - 02:19


http://www.navhindtimes.in/taxonomy/term/16/0?page=102


PANAJI: The Crime Branch police inspector, Ms Sunita Sawant, investigating the custodial
‘murder’ case of Cypriano, has registered a First Information Report (FIR) against the driver
of the Bolero jeep, Ryan Fernandes.
The Sub-Divisional Magistrate, Tiswadi, Mr Shabaji Shetye, had submitted the report to the
government without mentioning the name of police officials present on duty during the time
when the incident took place. He had also mentioned that the driver of the Bolero jeep (GA-
07-C-6700), Ryan Fernandes, should also be impleaded in the Cypriano murder case.


Incidentally, the case has also been booked under sections 302 (murder) and 201 (destroying
evidence) read with 34 of Indian Penal code.


It was informed that Ryan picked up Cypriano Fernandes, aged 38 from Moira Bardez, from
his aunt’s residence in Porvorim and brought him to the Panaji police station, where the police
placed him under arrest, under Section 151 of CrPC, on January 7, at around 11 p.m. It was
also informed that Ryan acted upon the request of Cypriano’s girlfriend from Caranzalem,
who asked him (Ryan) to bring Cypriano from Porvorim to the Panaji town police station.


It may be recalled that on Wednesday, the crime branch registered the FIR against several
police officials on duty during the time when Cypriano’s death took place, while in police
custody.


This action was initiated by the CID/crime branch, based on the report submitted by the SDM,
Tiswadi, Mr Shabaji Shetye to the government.




GMC PIO denies RTI info despite superior’s order
TNN | Feb 20, 2011, 06.28am IST

http://timesofindia.indiatimes.com/city/goa/GMC-PIO-denies-RTI-info-despite-superiors-order/articleshow/7531649.cms

PANAJI: Is the public information officer of the Goa Medical College and hospital trying to
protect someone or hide something in the Cipriano Fernandes' alleged custodial death case?
Despite an order passed by the appellate authority to furnish the information sought under the
Right to Information (RTI) Act, the PIO has provided information to only a few of the 12
questions asked. On January 19, human rights activist Jowett D'Souza sought detailed
information from GMC on Cipriano's death, including the names of doctors who treated him,
his condition when admitted to hospital on the afternoon of January 8, the treatment
administered to him, who declared him as dead, details of the postmortem, etc. Cipriano was
declared dead on January 9 at 6.35am. Medical superintendent and PIO Dr Rajan V S
Kuncolienkar, on January 27, replied, "In view of Section 8 (1) (h) and (e), the information
cannot be given, as informed by Dr Silvano Dias Sapeco, professor and head of forensic
department,GMC." While (e) empowers the authorities to decline information received in a
fiduciary (doctor-patient) relationship, (h) pertains to withholding information which would
impede the process of investigation. However, if the competent authority is satisfied that the
larger public interest warrants the disclosure of such information it can direct the PIO to
furnish the same.
When D'Souza went in appeal, GMC's dean and first appellate authority Dr V N Jindal
allowed the appeal in an order dated January 31, and directed the PIO to furnish the
information within two weeks from the date of the order. However, on February 7, the PIO
furnished details of the request for postmortem, postmortem report, provisional cause of death
certificate, final opinion on cause of death after receipt of viscera report, histopathology
report, etc and added that "the balance information, if any, may be obtained from
SDM/concerned police station". D'Souza said information about Cipriano's admission and
treatment at the hospital, his case papers, etc have notthat there appears to be an attempt to
protect someone as the PIO has answered only some of the 12 questions asked. "When all the
information sought by me is with the GMC and the appellate authority has passed an order to
furnish the information, why is the PIO denying me the information and passing the buck onto
the SDM?," questioned D'Souza. He has filed a complaint with the information commission."



[Goanet] pls help in d fight for justice for Cypriano Fernandes of Moira village, Goa

jane gillian rodrigues
Sun, 27 Feb 2011 12:58:42 -0800

http://www.mail-archive.com/goanet@lists.goanet.org/msg74177.html


Dear E-mail Friends n Family,
Pls Forward.Pls Help.
Pls request Archbishop of Goa, Parish Priest and fellow Parishioners of
Cypriano,All India Catholic Union (Goa Unit), Christian Workers
Movement (Goa Unit), students of his school n College - to please help
in the fight for Justice for Cypriano Fernandes of Moira village,Goa
------------------------------


Complaint to be registered as FIR in Cipriano custodial death case
From:
Mr. Kenneth Silveira,
H.No.99, Deusa,
Chicalim, Mormugao Taluka,
Goa 403 711.
(M) +91 9823300800 / 00 91 9422059688
E-mail - travel...@gmail.com

To:
The Police Inspector,
Panjim Police Station,
Panaji Goa.
Date : 26/02/2011

                                Sub: Complaint to be registered as FIR

Dear Sir,
                   I the undersigned who is the key witness for the
Custodial Death Case of Mr. Cipriano Fernandes wish to state as under :

                 1.         I had made a complaint on 06/01/11 against some drunk
                             occupants of Tata Indica car, silver colour, bearing
                            registration no. GA-01-S-7342 for damaging my car
                             parked road side.
                 2.         That on 07/01/11, there was a false and baseless
                             complaint lodged on me by Miss Marsha DSouza in
                             connivance with the Police Inspector Mr. Sandesh
                         Chodankar along with the culprits / occupants of the same
                      Tata Indica that I had initially complained against.
            3.    That I was illegally detained on 08/01/11 from 10:45 hrs
               till 17:30 hrs based on a false and baseless complaint by
                      the said Marsha DSouza. I was detained under section
                      151 C.r.P.C.
            4. I along with my friend Mr. Grenville Dias was in the same
               investigation room where Mr. Cipriano Fernandes was lying dead.
            5.      I have seen the PI Sandesh chodankar and PSI Vijay
                  Chodankar kicking the motionless body of Cipriano in the
                  investigation room.
            6. Constable Khot was also one of the police official present
                in the same investigation room wherein when I had told
                him that there was froth coming out from the mouth he
                replied saying that he was just vomiting out of drunkenness
                and told me to mind my own business.

                   I now state this complaint for the custodial death
of Mr. Cipriano Fernandes against the PI Mr. Sandesh Chodankar, PSI
Vijay Chodankar, Hawaldar Khot, other police officials / doctors /
culprits involved in this crime.


                   We want to make you aware that the above mentioned
facts are contrary to law and complete violation of human rights in a
civilized society therefore we hereby demand with immediate effect the
following :-
          1. Immediately arrest Ex. PI Sandesh Chodankar, PSI Vijay
          Chodankar for the custodial death of Mr. Cipriano Fernandes.
          2. Immediately arrest Hawaldar Khot for abetting the crime.
          3. Immediately arrest the policemen involved in the brutal
             murder of Cipriano.
          4. Immediately arrest all policemen named by the SDM for
             murdering Cipriano.
          5. Arrest the police officials who were on duty coinciding
             within the time frame of arrest of Cipriano till his death for
             abetment to crime.
          6. Arrest all the culprits who were a party to destroying of
             evidences and hushing up of the case with a police cover
             up and medical cover up.
          7. Arrest all the doctors who initially gave false report in a
             bid to cover up the case, the same is for abetment of
             crime.
          8. Arrest all those who entered false information into the
             records that had anything to do with Cipriano case, the
             same is for abetment of crime.
          9. Action against the crime branch officers for registering a
             baseless FIR i.e. Murder of Cipriano by Unknown Policemen in a
             bid to hush up the case and protect their colleagues.

                   Kindly request you to register this complaint as a
FIR and investigate into the matter. Please provide me with the FIR
copy.

                       Thanking you.

Yours Faithfully



                                                    (Mr. Kenneth Silveira)

Copy to :        The IGP, Police   Headquarters, Panaji Goa.
                       The Chief   Minister, Govt. of Goa, Panaji   Goa.
                       The Human   Rights Comission New Delhi.
                       The Crime   Branch, Goa.
Goa Police Bill Dissolves State Police Complaints Authority
Apr 2nd, 2011
http://goanobserver.com/goa-police-bill-dissolves-state-police-complaints-authority.html
By Diya Nag
THE National Human Rights Commission (NHRC) has nearly 4,00,000 complaints against
the police before it. Heaven knows how many more are pending before the state commissions.
This sea of complaints combined with everyday horror stories of police criminality and
misbehaviour evidence a deep malaise in policing today. Goa is no exception.

Despite the now four-year old-orders of the Supreme Court to put its policing house in order,
Goa has done precious little to improve its policing. Many of the Court’s directives have been
followed only on paper but, on the ground, there has been little implementation or
improvement in policing.

The only bright spot has been the creation of the State Police Complaints Authority. But even
here, it has been grudgingly given to the public. For instance, it doesn’t have the means to
carry out investigations on its own. Instead, it must rely on the police to investigate against its
own officers. Until very recently, the PCA had never recommended that the police file an FIR
against the criminal behaviour of its officers.

But the Cipriano Fernandes custodial death case changed this. Cipriano died of head injuries
after being in custody at the Panaji police station. The case has drawn huge media attention
and the Home Minister has set up a Special Investigation Team (SIT). This despite the fact
that a magistrate has already reviewed the case and all the remains is for the DGP to take
action and make the arrests. Responding to news reports about the willingness of the police to
take action against their own, the PCA took the brave but necessary step of investigating the
case suo moto and will issue its order shortly, most likely recommending that FIRs be filed
against the accused officers. Though there has been media frenzy surrounding the sensational
Cipriano Fernandes case, less attention has been paid to the equally sensational inaction of the
government in taking reforms further.

A new police bill to replace the now 150-year-old one is on the anvil. Evolved without any
public consultation, it has been lying with the Select Committee for over two years now. Not
surprisingly, it has a police point of view to it.

The police don’t like people looking over their shoulders. So doing away with the PCA is
written into the proposed law. It transfers the functioning PCA’s role to a non-existent Lok
Ayukta that may never ever materialise. This seems particularly perverse given the general
public satisfaction with the present PCA. The Lok Ayukta is usually a general oversight
mechanism that looks at complaint and corruption issues. But the value of the Police
Complaints Authority lies in its specialist function of overseeing just the police and being able
to report back to the government and parliament about this in each annual report.
It will be a great pity if the proposed police bill is passed in the March session of the Goa
house. More than removing an important mechanism for holding the police to account, in its
present form, the Bill fails to accurately incorporate the SC’s other directives. These faults are
not surprising since the only viewpoint that has been taken account of has been that of the
police and the Select Committee itself is woolly about the issues.

The Council for Social Justice & Peace, Goa has taken a leadership role in examining the
proposed law and redrafting the Bill. Like the author, they believe that no new law that so
closely affects the public must come into being without wide and well known public
consultation. They will be holding public consultations.

Without widespread consultations about what kind of policing Goa wants there, is every
chance we will get worse policing than ever before. Redemption will only come if the
government takes its responsibility seriously and consults widely on the new law before ever
making any moves to improve policing. But the opportunity for sweeping changes in policing
is likely to be missed if the population itself is passive and does not speak up for better
policing in Goa.

The writer is Research Officer with Commonwealth Human Rights Initiative.
Furnish details of police station diary: Info panel –
NEWSPOLITAN 28 Feb 2011
PANAJI: The Goa state information commission has ordered the South Goa Police to furnish
details of police station diary. Cipriano died in police custody due atrocity.


NHRC Case Details of File Number: 2/5/1/2011-PCD
 Diary Number 7525
Name of the Complainant SUPERINTENDENT OF POLICE (NORTH)
Address PORVORIM,
 GOA (NORTH) , GOA
Name of the Victim CYPRIANO CORNELIO FERNANDES
Address R/O MOIRA, BARDEZ-GOA,
 GOA , GOA
Place of Incident GOA MEDICAL COLLEGE, BAMBOLIM
 GOA (NORTH) , GOA
Date of Incident 1/9/2011
Direction issued by the Commission Supdt. of Police, North Porvorim, Goa sent an intimation
regarding the custodial death of Cyprian Cornelio Fernandes on 9.1.2011 under the police
custody of PS Panaji, Goa. As per intimation on the complaint made by Mrs. Georgina Nunes
a case crime No.13/11 for the offences punishable u/s 352/504 IPC dated 7.1.2011 was
registered at PS Panaji against accused Cyprian Cornelio Fernandes. He was brought to police
station and arrested u/s 151 Cr.P.C. on 7.1.2011. On 8.1.2011 his health condition became
serious and as such he was taken to Goa Medical College, Goa where he was admitted and
expired on 9.1.2011 while undergoing treatment. Addl. Distt. Magistrate, North Goa, Panaji
vide letter dated 17.1.2011 forwarded the inquest proceedings and post-mortem report.
Inquest proceedings reveal 8 injuries on the person of the deceased. Perusal of post-mortem
report reveals 7 injuries on the person of the deceased detailed in the report. As per FSL
report no poison was detected in the viscera of the deceased. The final cause of death given is
due to sequelae of concussive head injury sustained as a result of cumulative effect of injuries
sustained as a result of relative effect of injuries No.6 and 7. Sub-Divisional Magistrate,
Panaji Goa who conducted magisterial enquiry in the death of Cyprian Cornelio Fernandes
has concluded that the deceased was apprehended by the police and appears to have been
assaulted. He was not sent for treatment despite his request. He has held the policemen guilty
for the death of deceased and recommended a criminal case be registered against all the
policemen on duty. On the recommendations a case crime No.4/11 for the offences punishable
u/s 302/201/34 IPC has been registered at PS CID/CB, North Goa on 8.2.2011 against the
policemen. The Commission has considered the reports. As per the magisterial enquiry report
the policemen have been held responsible for the death of deceased Cyprian Cornelio
Fernandes. A criminal case has also been registered against guilty police officials. The human
rights of the victim have been violated. In these circumstances, let notice u/s 18 of the
Protection of Human Rights Act 1993 be sent to Chief Secretary, Govt. of Goa, Panaji calling
upon him to show cause why interim relief may not be recommended to be paid to the next of
kin of the deceased. He is also directed to apprise the Commission about the status of case
crime No.4/11. Response in four weeks.

Action Taken Additional Information Called for (Dated 4/13/2011 )
Status on 5/5/2011 Response from concerned authority is awaited.

NHRC Case Details of File Number: 181/7/5/2010-AD Diary Number 6432 dt 07.02.2010
Name of the Complainant SUHAS CHAKMA, DIRECTOR
Address NATIONAL CAMPAIGN FOR PREVENTION OF TORTURE, C-3/441-C,
JANAKPURI, WEST DELHI , DELHI
Name of the Victim KRISHNA KUMAR
Address AS ABOVE
 WEST DELHI , DELHI
Place of Incident BHONDSI JAIL
 GURGAON , HARYANA
Date of Incident 1/12/2010
Direction issued by the Commission The complainant drew the attention of the Commission
towards death of UTP Krishna Kumar allegedly due to torture at Bhondsi Jail, Gurgaon,
Haryana on 12-01-2010. It was prayed as under:- Direct the State Government of Haryana to
order a judicial inquiry into the death of undertrial prisoner, Mr. Krishana Kumar due to
alleged torture at Bhondsi Jail, Gurgaon and delay in providing medical treatment, and sent
the report within two weeks time; Direct the State Government of Haryana to sent the post-
mortem report of the deceased which should have been conducted in full conformity with the
NHRC guidelines within two weeks time; Direct the State Government of Haryana to suspend
the Superintendent of Bhondsi Jail, Gurgaon to facilitate fair and impartial investigation and
further, take appropriate legal action against anyone found to be guilty; Direct the State
Government of Haryana to provide an interim compensation of Rs 10 lakhs to the next of kin
of the deceased; and Take any other measures the NHRC deems fit and proper. Upon perusal,
the Commission vide proceedings dated 04/02/2010 directed as under:- "This is a case of
death in jail allegedly due to torture and intimation about death in jail as per guidelines of the
Commission appear to have not been received. Issue notice to the Deputy Commissioner,
Gurgaon, Haryana and the Superintendent, District Jail, Gurgaon as to why this death was not
reported to the Commission with 24 Hrs of occurrence. Both the above authorities are also
directed to submit requisite reports within eight weeks." Pursuant to the directions of the
Commission, Superintendent, District Jail, Gurgaon, Haryana vide communication dated
26/02/2010 stated as under:- "It is submitted that UTP Krishna Kunlar S/o Ram Parsad was
admitted in this Jail on 11-01-2010 in case FIR No. 75/08 u/s 324, 506 PS Sec-05 Gurgaon.
The accused got seriously ill on 11/12-01-2010 and was sent to General Hospital Gurgaon for
treatment in serious condition accompanied by Jail Pharmacist and escorted by Jail Guard. He
was declared dead at General Hospital Gurgaon by Medical Officer. The Honble Commission
is further apprised that a judicial inquiry was got conducted by Sh. Mukesh Rao, Judicial
Magistrate 1st Class, Gurgaon on 12-01-2010 into the cause of death of UTP on the order of
Ld Distt. and Session Judge Gurgaon. There was no delay in providing proper medical
treatment to the deceased by Jail Medical Officer. No torturing of deceased took place as
alleged. Due postmortem was got conducted on the body of deceased on 13-01-2010 by a
panel of three Medical officer constituted by CMO General Hospital Gurgaon in the presence
of Sh. Mukesh Rao, Ld Judicial Magistrate 1st Class. The cause of death in this case will be
given after receiving viscera report as mentioned in the postmortem report. District Magistrate
Gurgaon, Deputy Commissiner Of Police (West) Gurgaon and SHO Police Station Sec-05,
Gurgaon, were duely informed vide this Office PTM No. 585-89 dated 12-01-2010 message
delivered by hand by Asstt. Supdt. Jail Bijender Singh Joon and Warder Gaje Singh of this
Jail. Financial Commissioner and Principal Secretary, Director General of Prisons, Haryana
and your good Office were also intimated vide above quoted PTM No. The National Human
Right Commission is further apprised that no torturing of UTP Krishna Kumar S/o Ram
Parsad took place at this Jail as alleged in the complaint. No apparent injury marks were seen
on the deceased body as opined by the Jail Medical Officer on the basis of Postmortem report.
Thus the complaint seems to be misleading and mischievous and far away from truth." Shri
Nand Lal Shukla, President, Manavadhikar Emergency Helpline Association also has drawn
attention of the Commission towards this death in jail. The Commission has perused record.
Inquest was conducted by a Judicial Magistrate. No delay has been found in providing
treatment to the deceased. Three doctors have conducted Post Mortem. Viscera sent for
examination. In the facts and circumstances now on record, no further action by the
Commission is called for. The case is closed.

Action Taken Concluded and No Further Action Required (Dated 7/2/2010 )
Status on 5/5/2011 The Case is Closed.

Note: For further details kindly contact National Human Rights Commission, Copernicus
Marg, New Delhi, PIN 110001 Tel.No. 23385368 Fax No. 23384863 E-Mail:
covdnhrc@hub.nic.in

				
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