From,
Shri John Fernandes,
r/o. H.No.229, Copelabhat,
Deao, Quepem-Goa
Date:2/4/2009
To,
The National Human Right Commission,
New Delhi.
Sub : Complaint against, then P.I. of Quepem Shri Santosh Dessai, ASI of Quepem Prakash K. Gaonkar, Head Constable of Quepem Arvind Nagekar Buckle No.3100, then Dy-Collector of Quepem Venancio Furtado for violating my and other villagers human rights.
Sir,
I the undersigned hereby lodge my complaint against, then P.I. of Quepem Shri Santosh Dessai, ASI of Quepem Shri Prakash K. Gaonkar, Head Constable of Quepem Shri Arvind Nagekar Buckle No.3100, then Dy-Collector of Quepem Shri Venancio Furtado for violating my human rights, which is as under:
That the Villagers of Copelabhat, Deao Quepem of which I a part, came on the road to protest against the problem of dust pollution that is being faced due to the operation of mining truck through our village, as all the authorities to whom representation were made failed to act.
That on 27/11/2008 first time the villagers came on the road and blocked only the mining truck. On that day in presence of Quepem MLA , then Dy-Collector of Quepem 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 then Dy-collector Shri Venancio Furtado.
That on 2/12/2008 we have written a non-Compliance letter to the Dy-Collector of Quepem, copy of which was submitted to the Collector of South Goa, Quepem MLA bringing to their notice about the non compliance of assurances given to us on 27/11/2008.
As problem of dust pollution continued unabated and assurances given to us on 27/11/2008 complied with the villagers again on 17/12/2008 came on the road. The villagers blocked the road only for mining truck. 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 Nageker 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 around 9.30 am P.I Santosh Dessai appeared at the spot followed by Quepem Mamlatdar Sudin Nato.
An armed police were brought at 11.45 PM along with them appeared then Dy-Collector Venancio Furtado.
That after a deliberate discussion by the P.I. Santosh Dessai and Mamlatdar Sudin Nato with the villagers, the villagers withdraw their agitation and allowed the truck and other transport to move and infact 15 to 20 truck have moved. Meantime the Quepem police headed by Quepem PI Santosh Dessai instigated the villagers. The police then manhandled some of the villagers including ladies and forcefully arrest them including women. The then Dy-Collector of Quepem Venancio Furtado who was present at the site without having a word with the villagers order larthy charge on the agitating villagers, when infact there was no need do so as the villagers have already withdrawn their agitation .
The police mercilessly beat up the villagers including aged women and school children . The beating was so severe that four larthys/batten of the police were broken which were later on collected by us and where produce before press . One of our agitator Anthon Jose Fernandes who ran for rescue in the house of his godfather, was pulled out of the house and was then beaten up in an inhuman manner so also one Franky Rebello was beaten up in the same fashion. In the larthy charge dozens of villagers were injured. Addressing to press, the larthy charge incident was denied by the P.I. Santosh Dessai and Dy-Collector Venancio Furtado. However the then Collector of South Goa Shri G.P.Naik through a press report dated 19/12/2009 has admitted and justified larthy charge on the villagers .
On that day in respect of the said incident Quepem Police arrested around 7 villagers/agitators and booked another five including against me which offence were registered under Cr. No.86/08 dated 17/12/2009 under section 143, 147, 341, 504, 504(ii), 353 r/w. 149 of IPC. The police then registered a false and distorted crime being Cr. No.87/08 against me under section 307 of IPC though no any such incident had been taken place.
The falsities of police are clear from the fact that in the say filed by the police the bail application moved on 17/12/2009 in respect of Cr.No.86/07 which say was filed at around 7.00PM on 17/12/2008 the police stated that from the commission of offence in cr. No.86/08 myself and some other are absconding.
The police who have registered false complaint against me and other villagers with a malafide intention , which is apparently motivated and to keep the villagers at bay from fighting for our right to life guaranteed under the constitution.
That the dust pollution caused by the operation of mining truck through our village has been aggravated/compounded and is continued unabated. The authorities failed to do the needful in spite of repeated complaints. The pollution is so severe sometime even we find it difficult to breathe. The consequences of it are that our children are constantly falling sick.
I hereby kindly request your good self to investigate into the matter and punish those officer who are guilty of violating our human right or of misusing their power.
Yours Truly
sd/-
( John Fernandes )
AFFIDAVIT
I, Shri John Fernandes, son of late Vincent Fernandes, age 38 years, married, advocate , resident of H.No.229, Copelabhat, Deao, Quepem-Goa, do hereby state on oath that the fact stated herein above are true to my own knowledge and no part of it is false.
Solemly affirmed at Quepem this April 2009
Deponent.
Enclosed:
1. Video C.D. of the entire incident of 17/12/2008.
2. Say of the police dated 17/12/08 filed in bail application.
3. News paper cuttings.
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