Lawyer John Fernandes speaks out on mining inspired Police violence in Goa

From,
Adv. John Fernandes,
r/o. H.No.229, Copelabhat,
Deao, Quepem-Goa

Detail account of the incident taken place on 17/12/2008 at Copelabhat Ambaulim..


1. That we the Villagers of Copelabhat, Deao Quepem lodge a complaint on 7/11/2008 before Dy-Collector Quepem, Collector South Goa , Executive Magistrate, Assistant Director of Transport, Director of mines and others departments stating that they are facing lot of health hazards, risk to their lives including children due to operation of mining truck. Except Additional Collector Shri Acharya who had forwarded our complaint to other authorities no officers including the Dy-Collector Quepem Shri Venancio Furtado who is head of the Sub-District had taken any cognizance on our Complaint. Not even a reply was given to us nothing.



2. On 19th of November 2008 at around 3.00 PM we around 10 villagers gheroud the Assistant Director of Transport Quepem N.D. Nagvekar and brought to his notice about the violations done by the mining truck and the nuisance caused. We asked about the action taken by him on our complaint dated 7/11/2008. On that day we also met the Dy-Collector. After that day the RTO started issuing challan for few days but the problem of overloading, over speeding continued.



3. On 24/11/2008 we submitted a reminder to the Collector South Goa,( a reply pertaining to that reminder we received from Add.Collector on 17/12/08) stating that as no action has been taken against their complaint dated 7/11/2008 at any movement they will be constrained to come on the road. It seems that based on the complaint the Dy-Collector Venancio Furtado Called a meeting of some of the noted person from Quepem and representative of mine owners on 26/11/2008 however no representatives of us were called for the said meeting. The Dy-Collector seems to have taken certain decisions at the said meeting which were not complied with and is just a paper work.



4. Accordingly that on 27/11/2008 we came on the road and blocked the road for mining truck from 8.30 AM onward. We blocked the road only for mining truck, but when the police appeared at the spot the entire traffic was got jam. At around 12.00 noon Quepem MLA shri Kavlekar appeared at the spot. That in presence of Quepem MLA , Dy-Collector Venancio Furtado assured the villagers that by 15 of December 2008 a notification will be issued regarding speed limit and prohibition of entry for mining truck during certain period of school hours. He also assured us that from 28/11/2008 no mining truck from Colomba and Sulcorna will be allowed to operate via Quepem and the Notification issued by the Director of Transport dated 15/12/2007 under No.D.Tpt/EST/1685/P.F.II/2007 will be strictly implemented. However nothing fruitful was done by the Dy-collector Shri Venancio Furtado as we have got documentary evidence to prove.



5. That on 2/12/2008 we have written a letter to the Dy-Collector Quepem, copy of which was submitted to the Collector of South Goa, Quepem MLA stating about the non compliance of assurances given to us on 27/11/2008. In the letter dated 2/12/2008 we have clearly stated that as assurances given to us on 27/12/08 are not complied with at any movement we will come on the road. The letter dated 2/12/2008 till date not replied by the Dy-Collector Quepem.



6. Accordingly on 17/12/2008 we came on the road. We blocked the road for mining truck which started at around 8.30AM . All the other traffic were moving smoothly. At around 9.00 AM Quepem police appeared at the spot . As soon as police appeared the police headed by ASI Arvind Nagekar and the truck driver forcefully tried to push the agitators even some truck driver started their truck and started moving their truck , however as the villagers were in large numbers the police and the truck drivers did not succeeded. At this movement some altercation took place between the drivers and the agitators. Two truck drivers/owner namely Evangelisto Pereira r/o. Vitholamordi, Quepem and Andrew Dias r/o. Igramol, Quepem stated if they allowed our children to come on the road they will ply the truck over them. Significantly at this movement some of the school children were infront of the truck. That at around 9.15am truck driver namely Evangelisto Pereira r/o. Vithola Mordi Quepem drove the truck of Benny Fernandes of Copelabhat the truck across the in front the house of the road goes to Our lady of Pobres Chapel and blocked the entire road which blocked continued for some time. However due to interference of police the same was cleared. That little time later one Alex Carvalho from Bindimol put his truck across the road in front of the house of Satolin Luis, Copelabhat , resulting therein the blocking of entire road. The police did not did anything to clear the blocked.



7. At around 9.30 P.I Santosh Dessai appeared at the spot followed by Quepem Mamlatdar Sudin Nato. We submitted him our leaflets containing our demand. After going through our demand he tried to convince us about the steps taken however we did not satisfied and continued our agitation. As the villagers in large number the Quepem P.I. Seems to have called additional police (armed police ). In between there was a altercation between the driver namely Evangelisto and Andrew and the women force infront of the P.I. Santosh and mamlatdar Nato for their statement of plying the truck over the children. However P.I. Santosh Pacify the Women and told the drivers to go to their side. Meanwhile some of the villagers went home.



8. At around 11.45 PM a bus load of armed police along with the Dy-Collector Venancio Furtarado appeared at the spot. Dy-Collector Venancio Furtado did not have a single word or any sort of discussion with the villagers, however directed the police to forcefully remove the agitators. Seeing the armed police most of whom were women and children the villagers started moving out of the road. Infact police have cleared the road and truck started plying the road and around 15 truck passed. In between William Luis questioned the Dy. Collector as to why the armed police has been called? After a heated discussion William got sentimental and stated that you (Dy-Collector ) is receiving payment at our cost and trying to use police force on us, upon which Dy-collector Venancio Furtado got irritated and ordered William Luis to arrest police try to arrest William Luis , I (John Fernandes) interfered and prevented the police from arresting William Luis, the truck drivers who were standing side by pushed some of the villagers on the Dy-Collector and the police . The Police then larthy charge on the agitators including school children and the aged women. I fell in the drainage . Around 5 policeman came after me and they catch hold of me however our other supporters including women rescue me for the first time. I started escaping but fell on the ground, the police then caught hold of me for the second time police tried to pull me but my supporters rescue me. I started running , that around 10 policemen followed me , the police followed me upto a distance of around 20 mts from the spot of incident. However they could not chase I escape from the clutches of the police. In the process I lost my mobile and suffered some minor injuries to my leg and hand.

9. I latter learnt police brutally larthycharge the agitators including aged women ,school children.

10. Police arrested around 7 villagers. Anthonjose Fernandes Fernandes was picked up from his Godfather house, which is at a distance of 100 mts from the spot. Anthon jose was manhandled in an inhuman manner. The last person who was arrested Franky Rebello who was pulled up by 10 policeman in a barbaric manner from a distance of around 50 mts. as he was responsible for escaping me. Apart from those arrested receiving larthy charge , injuries the following persons namely smt. Lourencina Rebello (65), Andrew Fernandes, William fernandes, John Fernandes, Smt. Remij Fernandes (50) Francisco Fernandes, Monica Fernandes, Pobre Fernandes, Soccor Fernandes, of whom some suffered severe injuries while some minor.

11. The agitators were so brutally assaulted some of the batten of the police have been broken. We have collected 4 pieces of broken battens.

12. It was latter learnt to that the police took a Forem(spade) from the garden of near by house of Piedade Rebello and latter used the same Forem(spade) to book me under section 307 of IPC that is of attempting to murder ASI Arvind Nagekar . If I (John ) was involved in an attempt to murder of a police official then why the police did not chase me and catch hold of me when 5 to 7 policemen of battalion cadre were chasing me? Are the police not competent to chase or are they unfit to be police if five policemen that is armed police could not case a ordinary citizen? This clearly shows that the charges level against me were false distorted and concocted. The motive of the police who have been engineered by the mining company/mining contractor to arrest me and to drag me by leveling false charges. But the almighty saved me. The stones which the police claim to have been pelted might have been pelted by the truck drivers.


* Is there any administration in Quepem? If there is administration why they are not even bother to attend our grievances by replying to our complaint?
* Don’t we have a right to fight for our right to life in a Democratic way? If we have a right then why the police larthy charged us?
* Are we in a Democracy or in a dictatorship of the Burocracy?
* Are the minds of the officials of Quepem have been corroded with the mining dust and their hand have been paralyzed by the Carbon mono oxide released by the mining truck? If not why they are not acting on our complaint? why they are not even bother replying to our letters/complaint?
* Are the poor people yet to be liberated from the onslaught of the rich? Is Goa yet to be liberated?
* Are the armed police reared by the Goa Government at the cost of the tax payers is meant to used against the poor inorder to protect the rich who are endangering the life particularly of the tribals?
Even if the police/state machinery is used to press our throat they will not be succeed as we are fighting for the right which will always prevail.
These questions came to my mind after the 17/11/2008 incident?
Till the time I/we are honest our every movement will succeed, I have a full faith in it.

Keep on supporting, keep on praying.