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PANAJI: The National Human Rights Commission (NHRC), that is inquiring into the custodial death of Cipriano Fernandes, has lauded the quick action taken by the state government and has asked that other government officials follow its lead. The NHRC order of August 11 also states, "The next of the kin of the deceased maybe paid Rs 5 lakh and a compliance report and proof of payment maybe forwarded within six weeks."
When contacted, an NHRC official said, "The commission appreciates the action taken by the Goa government officials in this matter and this needs to be brought to the notice of public authorities from other states in the country."
Chief secretary Sanjay Srivastava confirmed receiving the report."We have received communication from the NHRC and are looking into the matter," he said, adding that he has asked for a status report.
The NHRC order further states, "What is important to note is that the incident occurred in January 2011, and before the completion of a year, all the papers were received and recommendations made were accepted by the state government. These aspects are required to be indicated to others."
The 38-year-old seafarer, Fernandes, was picked up by the PANAJI police from his aunt's place in Porvorim on the evening of January 7 and placed under 'preventive measure' after his girlfriend complained that he had threatened her with a knife at her house in Caranzalem. He died on January 9 while he was still in police custody.
The commission asked the state government to pay compensation after the under secretary (home), Goa government on July 25, forwarded the DGP's report and also specifically stated that the commission may decide on the interim relief stating that they had no objection to it.
"In response to the show-cause notice issued on May 10, 2010, it has been very fairly pointed out that SP (coastal security) Omprakash Kudtarkar in his report stated that since the fact-finding preliminary inquiry conducted by the SDM (sub-divisional magistrate) has prima facie found that "there was a violation of human rights of the deceased on the part of certain police officers, any objection to award interim relief may not be possible", states the NHRC order. SP Kudtarkar was heading the team investigating the custodial death of Fernandes after the crime branch registered an FIR against police personnel who were on duty and connected with the events that led to his custodial death over the intervening period of two days under Section 302 (murder), Section 201 (destruction of evidence) read with Section 34 (common intention) of IPC.
The NHRC report further notes that DGP Aditya Arya's report, which was forwarded by under secretary (home) to the commission, also indicated the same thing. The report also notes that in view of the report of SDM Sabaji Shetye that there were seven injuries on Fernandes' body and the absence of any poison in the viscera is "indicative of the crime committed by police persons".