The Goa Human Rights Commission (GHRC) has issued notices to the Director General of Police, North Goa SP and Mapusa Police Inspector directing them to appear on 1st Feb on a complaint filed by a retired Goan NRI who was dispossessed of his house in Siolim by a Mumbai based gang.
The 73 year old Francis de Souza has filed a petition before the GHRC as the Police have been dragging their feet in taking action against the accused and restoring back the house. Francis de Souza by a sale deed dated 23rd March 2011 bought an old House No. 87/1 located at Gaunsowado in Sodiem at Siolim and after making necessary repairs, both structural and internal to make it habitable started residing in it. Francis de Souza in his complaint has stated that in 2014 one Reggie Fernandes from Mumbai along with his other goondas taking advantage that he was a Senior Citizen living alone started on various occasions physically threatening and coercing him with dire consequences if did not vacate the house. In his complaint to the GHRC, the Senior Citizen Francis de Souza has given details of all the various complaints filed by him before the Mapusa Police but has stated that the police have failed to act in up-holding the law and protecting his life and liberty. Francis de Souza has further stated that while he was on a holiday out of Goa, Reggie Fernandes together with his other goondas from Mumbai on 10th November 2015 trespassed into his property and after breaking open the doors threw out all his movable and immovable items and illegally took possession of the house. Francis de Souza has stated that though the Mapusa Police have registered as FIR No. 398/2015 for offences punishable under sections 451,427,341,457,454,380 r/w 34 of IPC against Reggie Fernandes and the other goondas, the Police have deliberately failed to initiate action to attach the property and arrest the accused in terms of the provisions of the Code of Criminal Procedure though the offences are of a very serious nature. Francis de Souza has stated that the failure of the Mapusa Police to uphold the majesty of law by failing to initiate action in terms of law against Reggie Fernandes, was violative of the Fundamental Rights guaranteed to him under Article 14 of the Constitution of India. In his complaint he has further stated that the deliberate failure and inaction of the police to protect his right to life, liberty and property was violative of the fundamental Rights guaranteed to him under Article 21 of the Constitution of India. He has further stated that the failure of the Police authorities to protect and up hold the majesty of law and in helping and conniving with the accused in breaching the law and helping them in criminally trespassing into his property and illegally dispossessing him of his proprietary right was not only violative of the Constitution of India, but also constitutes to a rank Human Right violation. Francis de Souza has sought that the Police be directed to explain as to how they have been abdicating in their duty and acting contrary to law, thereby infringing upon the fundamental rights guaranteed to him under Articles 14 and 21 of the Constitution of India. Aires Rodrigues Advocate High Court C/G-2, Shopping Complex Ribandar Retreat, Ribandar – Goa – 403006 Mobile No: 9822684372 Office Tel No: (0832) 2444012 Email: [email protected] Or [email protected] You can also reach me on Facebook.com/ AiresRodrigues Twitter@rodrigues_aires www.airesrodrigues.com
