From:
Babi
Suresh Gaonkar
H.No. 6/1,
Vadacha wada, Sirgaon, Bicholim, Goa
Date: 29/01/2013
To,
Bharat Mukti
Morcha
Goa Unit
Subject: My Police
torture, Human Rights violations by Constable Venkat Marshal, PSI Tukaram
Walke, Police Inspector Ninad Deulkar and other police officials attached to
Bicholim Police Station on duty on 25th and 26th January
2013.
I
the undersigned Babi Suresh Gaonkar, 18 years of age, student, OBC, resident of
H.No. 6/1, Vadacha wada, Sirgao, Bischolim, wish to state following:-
1.
At
10.07 am on 25th January 2013 I was served with notice under section
149 CrPC asking me to remain present at the Bicholim Police station on 26th
January 2013. The notice signed by police Inspector, Bicholim Police Station
was dated 24th January 2013.
2.
On
the same day of 25th January 2013 I returned from my college at 5.00
pm and had just entered my house. I saw One Constable Venkat Marshal along with
PSI Tukaram Walke was sitting in a Police jeep near my house.
3.
Constable
Venkat Marshal got off from the jeep and came to my house and asked me if I
have a knife with me. I replied saying ‘no’. This Constable then picked up
instrument called ‘koita’ that we use to peel off coconut and caught my
shoulder and pulled me out of my house towards the jeep that was marked with
words ‘police control room’. ASI present kicked and pushed me inside the jeep
amounting to kidnapping. I was not even allowed to close the door of my house.
4.
At
a time when I was forced into the jeep my mother was not at home so she was not
aware that I was taken away by police. While I was in police jeep my mother
phoned me on my mobile. As I received my mother’s call Police Constable Venkat
Marshal confiscated my mobile from my hand and banged it on ground. When I
protested and told police that my mother will be worried about my whereabouts,
Police Constable Venkat Marshal warned me saying “you will not touch mobile
ever again and he banged it to the ground and then switched it off.
5.
Inside
the jeep, police asked me if I was wearing any gold chain. I put counter
question to them ‘why?’ On this reply of mine police – Constable Venkat Marshal
and PSI Tukaram Walke began to beat me up. One of them snatched my gold chain,
another one pulled my long pant and I was left without my pant just in my short
pant. From the pocket of the pant police confiscated cash of Rs. 1800/- and
another Rs.50/-. All this was done to me while I was being carried in a police
jeep from my village of Sirgao to Bicholim Police Station.
6.
Inside
jeep all together there were four policemen - Constable Venkat Marshal, PSI
Tukaram Walke, one ASI and a jeep driver. Police said to me “you are doing too
much. You are asking for information under RTI. What do you think of
yourself?” I was treated like a dog.
They further said to me “you are doing too much; we are not going to leave you
this way.” I asked police in the jeep as to why my pant is taken away. Police
instead of answering forcefully caught my shirt and tore off its buttons. They
then said to me “we will now parade you nude at Bicholim bus stand. Then you
will feel ashamed and only then you will learn as to how to write RTI letters.
7.
I
was taken to Bicholim Police Station. When got off from the jeep and ASI was
pulling me from front and constable Venkat was pushing me from behind. Once I
reached the police station at Bicholim I was told to sit. Police then said
loudly “This boy is doing too much, he is ‘malkriad’.
We have caught him and brought him here now.
8.
After
few minutes police put me inside the police van and took me away to Bicholim
Primary Health Centre. Over there doctor asked me “What you are feeling?” I
told him that I am feeling black out in my eyes and head is heavy. Doctor
checked my B.P and declared that it is very high at 190/100 and I am not fit
for the lock up. I was hungry. I had only breakfast and had not taken lunch.
Doctor told police to take me to District hospital in Mapusa. Doctor wanted to
inject me something. I refused and did not give my consent. I was then brought
to the Bicholim Police Station and police there was giving me tablets to
swallow with water. I refused as I was without any food. Police said “this boy
is too much” and started beating me up at Bicholim police station. Every policeman
on duty beat me up with kicks and slaps. They then declared that they will beat
me up even more for the reason that I refused tablets. I was beaten mercilessly.
More they beat me more resolutely I refused to take the some chemical tablets offered
to me. I told police that no matter how much they beat me, I will never take
tablets. I was then again taken to Bicholim Primary Health Centre.
9.
Doctor
here was angry at my refusal to take tablets. Doctor on duty then warned me
that he will certify me as fit for police custody. The doctor then checked my
blood pressure again and declared that my blood pressure is normal at 130/80.
Doctor then told police that it is upto them whether they want to admit him to
District Hospital in Mapusa or not.
10. From the hospital I was taken to the
police station again. My mother reached at police station. I gave my mobile to
my mother at around this time 7.30 pm. My Mother Suvarna Suresh Gaonkar was
called inside the cabin of Police Inspector Ninad Deulkar. PI Ninad Deulkar
told my mother “We have arrested your son even though he has committed no
offence of any kind, we have framed him up in criminal case because he has
filed RTI letter seeking information about police.” My mother told PI Deulkar
“My son is in the path of righteousness and he committed no crime.”. She walked
out of the cabin of PI Deulkar. While she was walking out of his cabin PSI
Walke caught her shoulder and took her back in the cabin of PI Deulkar even
though my mother protested and said that no male policemen can touch her. I
have not filed any RTI and not sure as to which RTI PI Deulkar found in my
name. RTI letter was filed by my mother Suvarna Suresh Gaonkar in order to make
democracy functional in Goa’s mining belt and I have been made the target of
torture. Even then filing of RTI letter
does not warrant police torture violating anyone’s self respect and dignity.
The behavior of Police team at Bicholim Police station is barbaric as I
experienced it first hand.
11. I was stopped from talking to my
mother and was whisked away and taken back into Jeep that drove towards
District Hospital, Mapusa. Here I was taken to casualty ward. Doctor here
inquired and examined my health status. I told doctor that my eyes are feeling
black out and my head is heavy. Doctor got my ECG and checked my blood
Pressure. He found that my blood pressure was very high at 160/90. Doctor said
that I have to be admitted in the hospital. I was made to sit on the wheel
chair and taken in for admission.
12. Since it was already late and food was
already served before I was admitted in the hospital nurse on duty told police
that it is the responsibility of police to provide food for me. Police kept
silent. Doctor wrote prescription of tablets. I refused tablets. Nurse asked me
to sign the documents/papers that I am refusing tablets. I refused. Nurses then
went to doctor. Then three policemen came back to me and warned me “if you are
not going to sign these papers then we will beat you up. I signed these papers
under duress. Nurses went away. I was neither given any food nor water to
drink. Police put handcuff and tied me up to bed the whole night. I was on bed
number 22 and I do not remember the ward number. I requested police to get my handcuff
off my hands but police refused. The whole night I slept on bed with handcuff
in my hands and locked to bed. By morning my left hand was totally numb. Many
doctors came and inquired but no treatment was given to me.
13. Handcuffs were removed from my hands
just for 20 minutes in the morning of 26th January 2013 to go the
toilet to answer nature’s call. After this span of 20 minutes of freedom to my
left hand I was handcuffed again. At around 10.00 am I was given medicines. I
refused again. Doctor then wrote on my discharge paper “Fit for lock up”.
14. I was very weak and handcuffed even on
26th January 2013, Republic day of my beloved country. I did not
take even water. I did not take dinner. From the hospital I was dragged and
brought to Bicholim Police Station at around 11.00 am with handcuffs on. I
complained about handcuffs. Police told me “If we do not put handcuffs on you
then what else to put on?” On this Republic day I was brought to harsh and
uncomfortable realization that I as OBC and mulnivasi is just a slave in free
India and my freedom struggle has just began through handcuffs in my left hand.
15. At Bicholim Police Station my
handcuffs were removed. I am not sure as to who gave permission to handcuff me.
16. At 1.00 pm on 26th January
2013 PSI Walke spoke to me at the Bicholim Police Station “We arrested you
yesterday at 5.00 pm and now we will remand you for 14 days of judicial
custody. This is a minor offence. You can take bail with two sureties. Now
inform someone at home.” I told him that I was not allowed to call my mother
and when my mother called on my mobile you snatched and destroyed my mobile.”
PSI Walke retorted “You are still talking too much?” I told him “There is no
fear to speak the truth.” I was then asked to call up my mother. I called my
mother from police telephone and after that I was sent into police lock up
again. Handcuffs were put again on my hands inside the lock up. Several
policemen gathered and said “we now have some more time to beat you and torture
you. We were not able to do it as you spend most of the time in hospital last
night.” While I was being tortured and beaten up inside the police custody I
noticed my mother walking from a distance and I cried aloud “Mummy”. My mother
heard my cries and she started to walk towards police custody. One policeman
came and stopped her and told her to go in some other direction where lawyer
was waiting with bail application.
17. Then on 26th January 2013
while still in police custody I was forced to sign Memo of Arrest signed by
T.P.Walke, PSI, Bicholim Police Station dated 25th January 2013 that
reads as “You are hereby informed that you have been placed under arrest in
Bicholim P.S. Cr.No. 17/13 u/s 341 of I.P.C today i.e. on 25.01.2013 at 17.00
hrs. You are further informed that the said offence is a bailable offence and you are entitled for bail.’ I also signed
arrest form after consulting my lawyer. I have not restrained anyone to attract
section 341 of I.P.C. and I hold that this police action is in total violation
of my human right to life and dignity enshrined in the Constitution of India on
the eve and on the day of the Republic Day 2013. Police did not return my pant,
my cash and my gold chain till date even though I am released on bail and out
of police custody.
18. In my understanding Bicholim police acted
in this manner with me under the directions from Rajaram Bandekar (Sirigao)
Mines Pvt. Ltd as they have past history of using police and other bodies of
state administration like Panchayat and BDO for their vested interest of
capturing 1,19,000 square meters of my family land near my house in Sirigao.
19. I pray that suitable action be taken
against all the named Constable Venkat Marshal, PSI Tukaram Walke, Police
Inspector Ninad Deulkar and unnamed policemen attached to Bicholim Police
station responsible to my torture on 25th and 26th
January 2013.
20. I pray to you to do everything
possible for this matter has not just caused grave harm to me but to the very
core of the spirit of the Constitution of India that governs all people of
India.
Thanking
you,
Yours
Sincerely,
Sd/-
(Babi
Suresh Gaonkar)