SC exonerates police officer in 2013 Goa student arrest case

Panaji: The Supreme Court has exonerated police officer Ninad Deulkar, who was censured by the Goa Human Rights Commission for arresting an 18-year-old student, Babi Suresh Gaonkar, who had protested the movement of mining trucks at Bicholim in 2013. Deulkar is said to have arrested him on the complaint of the mines superintendent of Rajaram Bandekar Mines, who claimed that Gaonkar was blocking the road to the mine’s entrance.

Senior advocate Atmaram Nadkarni, along with advocate Nikhil Pai and advocate on record Salvador Santosh Rebello, appeared for Deulkar in the Supreme Court.

They argued that Deulkar did not have any active role in the episode and that it was the other police officers subordinate to him who went to the place of the occurrence and arrested the student.

The Supreme Court set aside the 2016 recommendation of the Goa Human Rights Commission, observing that there was no adequate material to implicate Deulkar. The Supreme Court said that Deulkar was an inspector of police, whose role was limited. It was he who released the student, as the offence was bailable in nature, the apex court said.

“Even assuming that there is an intentional motive per se, it would not be considered a violation of human rights. We find that there is no material to implicate the appellant even with respect to the charges levelled against him,” the apex court said, adding that it had no hesitation in setting aside the proceedings.

The Goa Human Rights Commission had held that Gaonkar suffered mental torture and physical discomfort without any fault on his part, but on account of the highhandedness of Deulkar and other police officers who apparently misused their powers and acted with a mala fide intention.

The commission had observed that there was no necessity for his arrest, especially from his house, and noted that he ought to have been granted bail immediately.

The high court had dismissed Deulkar’s appeal against the rights commission’s recommendations, with costs of Rs 10,000 to be paid to Gaonkar. The high court had said that compared to the trauma faced by Gaonkar, Deulkar was let off lightly with a minor penalty of censure and an order to pay compensation.