Date: 16/08/2019
To,
The Chief Minister,
Government of Goa,
Secretariat, Porvorim,
Goa
Subject:
Abuse of Coastal Security Police Station at Harbour, Vasco to harass and
intimidate Gillnet fishers in Zuari River
Dear Mr. Chief Minister Dr. Pramod Sawant,
Greetings of Peace!
As you are already aware of the complaints
of illegal fishing in Zuari river by Trawlers and Purse seine fishing boats we
write to inform you about the abuse of Harbour Coastal Security Police Station,
Vasco to harass and intimidate the Zuari River fishing communities by
registering fictitious criminal cases and registering charge-sheet and
forwarding the to Sub-Divisional Magistrate, Vasco as well as Judicial
Magistrate First Class A at Vasco.
Coastal Security Police whose actual
mandate is to stop illegal fishing but its actions are directed to intimidate
those small scale fishers involved in complaining about various threats to
fishing from water sports, purse seine boats, trawlers, marinas, and many more.
Criminalization of small-scale fishers has been initiated through State
starting litigation against two leaders of the small scale fishers named Sanjay
Pereira of Cacra and Cosmo Pires of Siridao one in January 2019 and another in
July 2019.
In 2018 Harbour coastal security police station through Police
Sub-Inspector Therron Dcosta initiated the Chapter case no. 01/2018 under
section 145 of Code of Criminal Procedure in the Court of Hon’ble
Sub-Divisional Magistrate Vasco with two Fisheries officers of the Directorate
of Fisheries, Panjim as witnesses. Section 145 of Code of Criminal Procedure
empowers Executive Magistrate to interfere in the disputes on land and water
that may lead to breach of Peace. Fishers had to pay the Lawyer to appear
before the Court of Sub-Divisional Magistrate and subsequent hearings.
To add
to this ongoing case Harbour Coastal Security Police Station moved the same
case in the Court of Judicial Magistrate First Class at (A), Vasco-da-Gama and
summons were issued under section 61 of Code of Criminal Procedure bearing the
seal of the Court to the two accused fisheries leaders of the Zuari River Gill net
fishers. Summons served by Police officer asked the two fishers to appear
before the Court in person and the court summons state that they are charged
under section 143, 147, 148, 323, 324, 341, 504, 506(ii), 384, 511 read with
149 of Indian Penal Code (IPC). They were called for the hearing on August 3,
2019 in the Court.
It must be noted that this criminalizing attempt is against
the leadership of the fishers even though none of the two ever had been
arrested in this matter. They are asked to keep the surety worth deposit of
Rs.5000/- in the Court. This matter is of September 2018 and surety is asked to
be kept in the Court after a period of one year. Normal procedure is to keep
the surety at the time of arrest but both the fishers were never arrested and
case was registered at Harbour Police Station without any of them being placed
under arrests and subsequent bail. They were not arrested anticipating major
public uproar and mounting public pressure on State administration.
This criminalizing need further analysis
of the criminal provision invoked to so. Section 143 of IPC deals with
Punishment for unlawful assembly involved imprisonment up to six months or
fine, or both. It is not known as to how the two persons constituted unlawful
assembly when the definition of unlawful assembly according to section 141
involves five or more persons. Two people cannot be designated as forming
unlawful assembly. The invocation of section 143 is clear indication that the
charges are levied to criminalize even though there are no grounds to do so.
Section 147 deals with Punishment for
rioting extending up to two years or fine or both. Interestingly Rioting is
defined under Section 146 as violence used by an unlawful assembly. Above
analysis indicates that two people cannot form unlawful assembly. The
invocation of Section 147 is malafide with intention of suppressing expressions
of the gillnet fishers of Zuari river. The above two Sections 143 and 147 are
not applicable for two persons.
The third section 148 applied is more
serious non-compoundable means complaining party cannot withdraw the same and
is triable by Magistrate of the first class. It is section that deals with
rioting, armed with deadly weapon or anything used as weapon and likely to
cause death punishable with imprisonment up to 3 years or with fine or both.
State by imposing this section 148, aims to prove that the fisher leaders are
anti-social elements all out to destroy peace in society by re-interpreting
their engagement with Justice Issues in Zuari River. Since this section is
triable only by Magistrate Court fishers will be compelled to incur cost of
litigation without escape. This is merely harassment tactic as it is a normal
practice that Justice Delays is a rule in Indian Courts rather than an
exception. One case lingers for any duration between 5 years to 10 years. How
much costs fishers will have to incur to contest financially including lawyer
fees and mental tensions besides the fact that Justice delayed is Justice
denied?
The fourth section invoked of IPC is
Section 323 deals with Punishment for voluntarily causing hurt that extends to
one year or fine of Rupees one thousand or with both. This is the case of
unprovoked hurt. Harbour Coastal Police has attempted to prove that fisher
leaders of Zuari fishers are maniacs that derive pleasure from causing hurt
voluntarily even without anyone provoking them. It appears a ground to inflict
State violence on fishers by spreading this impression of violence mongers on
fisher leaders.
The fifth Section 324 invoked deals with
voluntarily causing hurt by dangerous weapons or means is non-compoundable and
triable by Magistrate. This section carries punishment of three years
imprisonment or fine or both. State tried to paint fisher leaders as dreaded goons
all out to kill people when actually they are rising ecological, Peace, Justice
and Public Health issues. Imposition of this section is nothing more than
propaganda against small scale fisher initiative which is unbecoming of the
State.
Sixth Section 341 involved punishment for
wrongful restraint of any person extending imprisonment of one month or fine of
five hundred Rupees or both. This section is compoundable and is triable by
Magistrate. State by booking fisher leaders of Zuari under Section 341 is
attempting to prove that they unnecessarily stopping people in their ways. This
is certainly not true and the case is filed only for the reasons of harassing
gillnet fishers with likely nexus with nefarious powerful elements who cannot
tolerate fishers asserting in defense of ecological health of Zuari River.
Seventh invoked section 504 against the
fisher leaders is deals with causing intentional insult with intent to provoke
breach of the peace. Punishment for this offence extends up to two years or fine,
or with both. This is compoundable and triable by Magistrate. Any expression
furthering Justice can be interpreted as offence under Section 504. In a way
State has attempted to communicate to the Zuari fishers that they should not
speak out against purse seine boats as well as trawler frequently carrying on
illegal fishing in Zuari. Imposition of this section is an attempt at
gagging.
Eight Section 506(ii) deals with
Punishment for criminal intimidation when threat is to cause death or grievous hurt
imprisonment extending up to seven years: invocation of this section on fisher
leaders indicate that State intends to create fear and panic amongst fishers of
Zuari instead of resolving the nagging problems threatening Zuari river fishery
including water sports, marinas, purse seine fishing, trawling and many more.
Ninth Section 384 invoked deals with
Punishment for extortion extending for the period of three years or fine or
with both. State intends to brand Gillnet fishers of Zuari River as extortionists
all out to demand ransoms. This is another way of painting two Gillnet fisher
leaders negatively in public thereby defaming the movement of fishers in
defense of Zuari river ecology. Offence under section 384 is non-compoundable
and triable by any Magistrate.
Tenth Section 511 invoked deals with
Punishment for attempting to commit offences punishable with imprisonment for
life or other imprisonment. This punishment is flexible for the failed attempts
to crime and involved half the period of imprisonment had the attempt to commit
such offence was successful. Here State is unsure if fisher have really
succeeded in committing any offence as it suspect that the attempt of fishers
to commit an offence has been a failure. Nevertheless State desires to punish the
fishers of Zuari River. This attitude reflects sadist mindset of the State
machinery in operation governing Rivers and Fisheries in Goa.
Eleventh Section 149 invoked holds every
member of an unlawful assembly guilty of offence committed in prosecution of
common object. This again is completely misplaced as definition of Unlawful
Assembly under section 141 needs minimum of five persons and two persons cannot
form unlawful assembly. It is a tragedy that Police sub-Inspector who
registered this case at Harbour Police Station does not have even an elementary
understanding of law and has abused his position as police sub inspector to
harass fisher of Zuari River. Further
this Police officer is wasting the time of the Court as well as draining out
the financial resources of the fishers in hiring of lawyer. State Home Ministry
must intervene and withdraw this case against Zuari river fisheries or else
this case has a potential to trigger major public unrest against the State as
both the Coastal Police as well as Fisheries Officers are standing out as
enemies of Zuari River Gillnet fishers. Earlier State Government has withdrawn
several criminal cases from the Courts including one against those accused in
attack on Velim Church few years ago. The case against Zuari River fishers is
fictitious and filed to push them in defensive mode in struggle against illegal
fishing in Zuari being carried on by Purse seine boats, trawlers, water sports,
marinas and other enemies.
The entire State led prosecution through
Police Sub-Inspector Therron Dcosta of Harbour Police Station against the
fishers of Zuari River in both the Courts in Vasco is against the
internationally acceptable standards of fishery practices that are made
enforceable in India through Article 54 of the National Marine Fishing
Regulation Policy 2017. Paragraph 5.11 of SSF Guidelines states “States should
provide small-scale fishing communities and individuals, including vulnerable
and marginalized people, access through impartial and competent judicial and administrative
bodies to timely, affordable and effective means of resolving disputes over
tenure rights in accordance with national legislation, including alternative
means of resolving such disputes, and should provide effective remedies, which
may include an entitlement to appeal, as appropriate. Such remedies should be
promptly enforced in accordance with national legislation and may include
restitution, indemnity, just compensation and reparation.” Certainly the
litigations in First class magistrate court are not affordable to the fishers
of Zuari River and may create crisis situation with unknown unexpected
consequences.
Directorate of Fisheries and Coastal
Security Police instead of persecuting fishers of Zuari for their vocal stance
in defense of Zuari river fishery must join them to tackle illegal fishing as
per requirement of the international standards of fishery administration as
reflected in SSF Guidelines paragraph 5.16 that states “States should ensure
the establishment of monitoring, control and surveillance (MCS) systems or
prompt application of the existing ones applicable to and suitable for
small-scale fisheries. They should provide support to such systems, involving
small-scale fisheries actors as appropriate and promoting participatory arrangements
within the context of co-management. States should ensure effective monitoring
and enforcement mechanisms to deter, prevent and eliminate all forms of illegal
and/or destructive fishing practices having a negative effect on marine and
inland ecosystems. States should endeavor to improve registration of the
fishing activity. Small scale fishers should support the MCS systems and
provide to the State fisheries authorities the information required for the
management of the activity.” This section of SSF Guidelines must be studied and
reflected upon by the Harbour Coastal Security Police Station as well as
Directorate of Fisheries, Government of Goa rather than launching witch hunt
through criminal cases in Courts in Vasco against two fishers of Zuari River
with eleven Sections of Indian Penal Code. Combined reading of all the applied
IPC sections makes two fishers appear as seasoned criminals while letting the
real criminals indulging in purse seine fishing, trawlers, and water sports
operators go Scot free. The level of functioning of both the Fisheries
department as well Coastal Security Police force together with Home Ministry
must re-look the way governance is being conducted rather than imposing IPC
sections on fishers, a move that has triggered tremendous uproar against the
State Government. It is recommended on priority basis that both the cases
against two fishers of Zuari be withdrawn as Police officer has not even
studied the definition of Unlawful Assembly under section 141 IPC that it needs
five people to attract this section and applied it recklessly only to boomerang
back at him. These cases must be withdrawn by the State for fishers do not have
money spend on litigation and needs to focus on constructive governance of
rivers and fisheries in Goa. It is expected that the good sense people in the
Goa Government will take note of this injustice reported public and act. After
all when injustice became intolerable even the Judges of the Indian Supreme
Court came out to speak at the Press Conference. Judges trusted power of People
and hence spoke to media.
Situation of fishers in Zuari River is
equally grave and crying for attention. The fishers of Zuari are inspiration
for ongoing unionizing of fishers and related occupations. They initiated move
to set up All Goa Small Scale Responsible Fisheries Union. Their delegates
participated in the 4th National Conference of National Platform for
Small Scale Fish Workers (Inland) in Delhi where India’s Fisheries Minister
Pratap Chandra Sarangi addressed the delegates on making Inland fisheries and
promised to finalized Policy on Inland Fishing Policy. Sanjay Pereira against
whom the Coastal Police has registered the case was delegate to Delhi.
Goa’s Coastal Police has been authorized
to act against those indulging in illegal fishing. In the present case Coastal
Police after investigations informed Court of Hon’ble Sub-Divisional
Magistrate, Vasco-da-Gama that police investigations has revealed that
complainants themselves were indulging in illegal fishing in Zuari river at a
time when this incident is reported to have taken place where in boats from
Zuari river were taken by some people to the Siridao shore and the accused are
involved in opposing illegal fishing in Zuari river. When Coastal Police
Station is aware as to who was involved in illegal fishing and has clear
mandate to act against those indulging in the such practices then why did Coastal
Police forwarded out rightly fictitious case to the Civil Court in Vasco? Under
whose Political Pressure Goa’s Coastal Police are prompting their actions? Its
clear that Coastal Police Station at Harbour is acting as private revenge
office of the lobby involved in illegal fishing in Zuari river and in this
pursuit has gone all out not only to misuse police station by is also
threatening to tarnish image of Judiciary by getting Sanjay Pereira and Cosmo
Pires arrested after one year. This indicates that Coastal Police knows very
well that they have no moral courage to arrest Sanjay Pereira and Cosmo Pires
on their own and Police have almost dragged Judiciary into disrepute. This is
really sad and amounts to abuse of Judiciary as PSI D’Costa cannot be assumed
ignorant that Section 141 of IPC needs five people to constitute unlawful
assembly but deliberate and intentional harassment leaving reasons for public
speculations. If Police is allowed to abuse Judiciary in this manner then
Public trust in Police as well as Judiciary will certainly diminish.
You are therefore requested to intervene
and direct withdrawal of these cases filed against Sanjay Pereira, former
member of Santa Cruz Panchayat and Cosmo Pires, Former Sarpanch of Siridao
village Panchayat at the earliest.
Thanking you,
Yours Sincerely,
Maggie Silveira
President - Goa State
