PANAJI
The Goa Human Rights Commission (GHRC) has concluded that anti-illegal mining activist Ravindra Velip failed to establish any violation of his human rights during his judicial custody at the former Sub Jail at Sada-Vasco in March 2016.
In its final order, the Commission noted that despite serious allegations of physical assault, Velip had not produced credible evidence to support his claims.
The complaint, filed by Velip on March 29, 2016, stated that he was brutally attacked by at least four unidentified persons inside the Jail on the morning of March 23, 2016. Velip, who had been taken into custody the previous evening along with four others following a protest against iron ore transportation in Caurem village, claimed he was blindfolded, gagged and beaten, sustaining a fracture to his forearm and severe pain in his neck.
Velip was admitted to Goa Medical College, Bambolim, later that night where a medical examination confirmed a grievous fracture injury and a bruise, both sustained within 16 hours of the check-up.
The Commission of Acting Chairperson Desmond D’Costa and Member Pramod Kamat conceded injuries on Velip while in judicial custody but found his failure to report the assault to jail authorities or seek immediate medical help within the prison as a major inconsistency. His explanation — that he refrained from reporting due to fear of further torture — was deemed unconvincing.
The Commission also noted a two-month delay by the Mormugao police station in registering the First Information Report. Despite this, the Commission maintained that the delay did not, by itself, establish the veracity of Velip’s allegations.
“The Commission holds that there was a delay on the part of the then Police Inspector, in registering the FIR. The Commission concludes that the Complainant had failed to make out any violation of his human rights by the Respondents, as rightly submitted by the Advocates of the Respondents,” reads the order while disposing of the proceedings.
Earlier, arguments were heard from both parties.
Advocate A Almeida, appearing for Velip, asserted that the delay in lodging the FIR and the non-functioning CCTV system at the jail pointed to complicity between jail staff and police. She further dismissed the Magisterial Inquiry Report as unreliable.
Counsel for the Respondents including the Prisons Department and the Goa Police, however, argued that Velip’s complaint lacked clarity and appeared to be an afterthought. They also stated that Velip had failed to identify his alleged attackers.
The Commission reviewed the Magisterial Inquiry Report dated April 29, 2016, which recorded statements from 32 persons including undertrials, jail staff, Velip’s associates, and doctors. The inquiry concluded that there was insufficient evidence to confirm the assault. The Commission, in its order, stated “it is in total agreement with the said recommendations in the Magisterial Report.”
