----------------------------------------------------------------------- Documented by Goa Desc Documentation Service & circulated by Goa Civic & Consumer Action Network (GOA CAN)<[EMAIL PROTECTED]> Ph:2252660 ------------------------------------------------------------------------ ---------------------------------------------------------------------------------------- Court raps cops, says parading of accused in semi-nude is barbaric ---------------------------------------------------------------------------------------- The sessions court of North Goa on Thursday opined that the conduct of the police in parading the accused in semi-nude ondition with handcuffs on the public road is barbaric, inhuman and is against all norms of decency and is in utter violation of human rights and human dignity.
While granting conditional bail to the accused Neelesh Mangeshkar and Kamlesh Naik Mangeshkar, the sessions court judge, Mr A D Salkar came down heavily on the police. In the course of arguments on bail applications, the counsel for the accused, had charged that the police had paraded the accused with handcuffs.
The accused had filed the application following their arrest by the police for allegedly assaulting Anton Paulo D'Cruz with sword and wooden danda.
The judge observed: "The police force is the force of the state which is
primarily intended to maintain law and order and to maintain the dignity of law.
The purpose of granting police custody remand is to enable the police to
investigate the crime in a fair manner and not to humiliate the person accused
of having committed the crime only in order to please someone in power."
While dealing with the arguments, the court said that the advocate, Mr D Dhond, appearing on behalf of the accused, severely criticised the conduct of the police in treating the accused in a shabby manner in the guise of recovery of the weapons of assault while the accused were in police custody.
"Mr Dhond made a statement across the bar that at the behest of the local minister, Mr Babush Monserrate, the police paraded the accused with handcuffs in semi-nude condition with only the underwears on their persons from the house of Mr Baxic Branco up to the house of the said minister, Mr Babush Monserrate. He further submitted that the local minister, Mr Monserrate was bent upon harassing the accused on political grounds and pressurised the police to act in uncivilised manner.
This statement made by Mr Dhond for the accused has not been controverted by the prosecution. There are no grounds at this prima facie stage to disbelieve the statement made by Mr Dhond on behalf of the accused.Therefore, prima facie it appears that the accused were humiliated by parading them with handcuffs in semi-naked condition by the police for obvious reasons." the court noted.
The court said that in the fact and circumstances of this case, further
detention of the accused in jail is not at all justified and directed that each of
the accused shall be released on personal bond of Rs 10,000 with one surety
in the like amount.
The court has also directed that the accused shall not enter the village of Taleigao for 45 days without the written permission from the court. -------------------------------------------- The Navhind Times 4/7/03 page 1 --------------------------------------------
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