Bombay High Court Takes Suo Motu Cognisance of Police Brutality on Lawyer In Goa's Porvorim

Taking suo motu cognisance of an incident of alleged assault on a lawyer by constables of Porvorim police station, the Bombay High Court at Goa has issued notice to the State government and Director General of Police, Goa.

A division bench of Justice MS Sonak and Bharat Deshmpande directed the State to file a preliminary affidavit apprising the Court of steps taken in the matter, and the relevant medical case papers of advocate Gajanan Sawant.

The court took suo motu note of the incident on the basis of a resolution passed by the Goa High Court Bar Association seeking "emergent and expeditious action" from Goa Police.

The Managing Committee of the bar association in a meeting held on December 10 had condemned the police action and requested the authorities to take action against the erring police officials.

The Porvorim Police Station officials on December 8 had allegedly brutally assaulted Sawant when he was on visit to a site of a civil dispute at the request of his client.

While an FIR was lodged regarding the incident, the Committee felt that was not enough. "There are many questions that the in charge of the Porvorim Police Station has to answer to the Legal Fraternity," the resolution read.

It resolved to urge authorities, including Chief Minister, the Law Minister and the Director General of Police of the State to initiate a magisterial inquiry into the matter.

The resolution was also sent to the Bombay High Court Chief Justice and the Senior Administrative Judge of Goa bench. Considering that "such incidents and their follow-up affect the administration of justice", the court initiated a suo motu case on the incident.

"It was pointed out that the Advocate community was quite disturbed by the assault and there were agitations all over the State because it was perceived that adequate action was not being initiated against the police officials allegedly involved in the assault," the court said.

Observing that the matter should not be treated as an adversarial litigation, the court appointed Senior Advocate Subodh Kantak as amicus.

Meanwhile, the court directed impleadment of the State Of Goa through Chief Secretary, Director General of Police, Superintendent of Police, the Investigating Officer Virendra Veluskar and four constables of Porvorim Police Station as respondents and issued notice.

The bench also requested the bar association to place on record a formal petition along with a compilation of documents and other matters which they wish the court to consider.

"Mr [J. E. Coelho] Pereira, the President of the Association states that he will address the Court on behalf of the Association. Since we understand that several other Advocates Associations have also raised issues of assault on Advocate Gajanan Sawant, we think that such Associations should present their version and other suggestions on this issue through the learned Amicus Curiae," the court said further in the order.

Requesting Advocate General to appear in the matter, the court listed it for hearing on December 21.

Title: HIGH COURT ON HIS OWN MOTION versus THE STATE OF GOA

Click Here To Read/Download Order