Babi Suresh Gaonkar
H.No. 6/1, Vadacha wada, Sirgaon, Bicholim, Goa
Bharat Mukti Morcha
Subject: My Police torture, Human Rights violations by Constable Venkat Marshal, PSI Tukaram Walke, Police Inspector Ninad Deulkar and other police officials attached to Bicholim Police Station on duty on 25th and 26th January 2013.
I the undersigned Babi Suresh Gaonkar, 18 years of age, student, OBC, resident of H.No. 6/1, Vadacha wada, Sirgao, Bischolim, wish to state following:-
1. At 10.07 am on 25th January 2013 I was served with notice under section 149 CrPC asking me to remain present at the Bicholim Police station on 26th January 2013. The notice signed by police Inspector, Bicholim Police Station was dated 24th January 2013.
2. On the same day of 25th January 2013 I returned from my college at 5.00 pm and had just entered my house. I saw One Constable Venkat Marshal along with PSI Tukaram Walke was sitting in a Police jeep near my house.
3. Constable Venkat Marshal got off from the jeep and came to my house and asked me if I have a knife with me. I replied saying ‘no’. This Constable then picked up instrument called ‘koita’ that we use to peel off coconut and caught my shoulder and pulled me out of my house towards the jeep that was marked with words ‘police control room’. ASI present kicked and pushed me inside the jeep amounting to kidnapping. I was not even allowed to close the door of my house.
4. At a time when I was forced into the jeep my mother was not at home so she was not aware that I was taken away by police. While I was in police jeep my mother phoned me on my mobile. As I received my mother’s call Police Constable Venkat Marshal confiscated my mobile from my hand and banged it on ground. When I protested and told police that my mother will be worried about my whereabouts, Police Constable Venkat Marshal warned me saying “you will not touch mobile ever again and he banged it to the ground and then switched it off.
5. Inside the jeep, police asked me if I was wearing any gold chain. I put counter question to them ‘why?’ On this reply of mine police – Constable Venkat Marshal and PSI Tukaram Walke began to beat me up. One of them snatched my gold chain, another one pulled my long pant and I was left without my pant just in my short pant. From the pocket of the pant police confiscated cash of Rs. 1800/- and another Rs.50/-. All this was done to me while I was being carried in a police jeep from my village of Sirgao to Bicholim Police Station.
6. Inside jeep all together there were four policemen - Constable Venkat Marshal, PSI Tukaram Walke, one ASI and a jeep driver. Police said to me “you are doing too much. You are asking for information under RTI. What do you think of yourself?” I was treated like a dog. They further said to me “you are doing too much; we are not going to leave you this way.” I asked police in the jeep as to why my pant is taken away. Police instead of answering forcefully caught my shirt and tore off its buttons. They then said to me “we will now parade you nude at Bicholim bus stand. Then you will feel ashamed and only then you will learn as to how to write RTI letters.
7. I was taken to Bicholim Police Station. When got off from the jeep and ASI was pulling me from front and constable Venkat was pushing me from behind. Once I reached the police station at Bicholim I was told to sit. Police then said loudly “This boy is doing too much, he is ‘malkriad’. We have caught him and brought him here now.
8. After few minutes police put me inside the police van and took me away to Bicholim Primary Health Centre. Over there doctor asked me “What you are feeling?” I told him that I am feeling black out in my eyes and head is heavy. Doctor checked my B.P and declared that it is very high at 190/100 and I am not fit for the lock up. I was hungry. I had only breakfast and had not taken lunch. Doctor told police to take me to District hospital in Mapusa. Doctor wanted to inject me something. I refused and did not give my consent. I was then brought to the Bicholim Police Station and police there was giving me tablets to swallow with water. I refused as I was without any food. Police said “this boy is too much” and started beating me up at Bicholim police station. Every policeman on duty beat me up with kicks and slaps. They then declared that they will beat me up even more for the reason that I refused tablets. I was beaten mercilessly. More they beat me more resolutely I refused to take the some chemical tablets offered to me. I told police that no matter how much they beat me, I will never take tablets. I was then again taken to Bicholim Primary Health Centre.
9. Doctor here was angry at my refusal to take tablets. Doctor on duty then warned me that he will certify me as fit for police custody. The doctor then checked my blood pressure again and declared that my blood pressure is normal at 130/80. Doctor then told police that it is upto them whether they want to admit him to District Hospital in Mapusa or not.
10. From the hospital I was taken to the police station again. My mother reached at police station. I gave my mobile to my mother at around this time 7.30 pm. My Mother Suvarna Suresh Gaonkar was called inside the cabin of Police Inspector Ninad Deulkar. PI Ninad Deulkar told my mother “We have arrested your son even though he has committed no offence of any kind, we have framed him up in criminal case because he has filed RTI letter seeking information about police.” My mother told PI Deulkar “My son is in the path of righteousness and he committed no crime.”. She walked out of the cabin of PI Deulkar. While she was walking out of his cabin PSI Walke caught her shoulder and took her back in the cabin of PI Deulkar even though my mother protested and said that no male policemen can touch her. I have not filed any RTI and not sure as to which RTI PI Deulkar found in my name. RTI letter was filed by my mother Suvarna Suresh Gaonkar in order to make democracy functional in Goa’s mining belt and I have been made the target of torture. Even then filing of RTI letter does not warrant police torture violating anyone’s self respect and dignity. The behavior of Police team at Bicholim Police station is barbaric as I experienced it first hand.
11. I was stopped from talking to my mother and was whisked away and taken back into Jeep that drove towards District Hospital, Mapusa. Here I was taken to casualty ward. Doctor here inquired and examined my health status. I told doctor that my eyes are feeling black out and my head is heavy. Doctor got my ECG and checked my blood Pressure. He found that my blood pressure was very high at 160/90. Doctor said that I have to be admitted in the hospital. I was made to sit on the wheel chair and taken in for admission.
12. Since it was already late and food was already served before I was admitted in the hospital nurse on duty told police that it is the responsibility of police to provide food for me. Police kept silent. Doctor wrote prescription of tablets. I refused tablets. Nurse asked me to sign the documents/papers that I am refusing tablets. I refused. Nurses then went to doctor. Then three policemen came back to me and warned me “if you are not going to sign these papers then we will beat you up. I signed these papers under duress. Nurses went away. I was neither given any food nor water to drink. Police put handcuff and tied me up to bed the whole night. I was on bed number 22 and I do not remember the ward number. I requested police to get my handcuff off my hands but police refused. The whole night I slept on bed with handcuff in my hands and locked to bed. By morning my left hand was totally numb. Many doctors came and inquired but no treatment was given to me.
13. Handcuffs were removed from my hands just for 20 minutes in the morning of 26th January 2013 to go the toilet to answer nature’s call. After this span of 20 minutes of freedom to my left hand I was handcuffed again. At around 10.00 am I was given medicines. I refused again. Doctor then wrote on my discharge paper “Fit for lock up”.
14. I was very weak and handcuffed even on 26th January 2013, Republic day of my beloved country. I did not take even water. I did not take dinner. From the hospital I was dragged and brought to Bicholim Police Station at around 11.00 am with handcuffs on. I complained about handcuffs. Police told me “If we do not put handcuffs on you then what else to put on?” On this Republic day I was brought to harsh and uncomfortable realization that I as OBC and mulnivasi is just a slave in free India and my freedom struggle has just began through handcuffs in my left hand.
15. At Bicholim Police Station my handcuffs were removed. I am not sure as to who gave permission to handcuff me.
16. At 1.00 pm on 26th January 2013 PSI Walke spoke to me at the Bicholim Police Station “We arrested you yesterday at 5.00 pm and now we will remand you for 14 days of judicial custody. This is a minor offence. You can take bail with two sureties. Now inform someone at home.” I told him that I was not allowed to call my mother and when my mother called on my mobile you snatched and destroyed my mobile.” PSI Walke retorted “You are still talking too much?” I told him “There is no fear to speak the truth.” I was then asked to call up my mother. I called my mother from police telephone and after that I was sent into police lock up again. Handcuffs were put again on my hands inside the lock up. Several policemen gathered and said “we now have some more time to beat you and torture you. We were not able to do it as you spend most of the time in hospital last night.” While I was being tortured and beaten up inside the police custody I noticed my mother walking from a distance and I cried aloud “Mummy”. My mother heard my cries and she started to walk towards police custody. One policeman came and stopped her and told her to go in some other direction where lawyer was waiting with bail application.
17. Then on 26th January 2013 while still in police custody I was forced to sign Memo of Arrest signed by T.P.Walke, PSI, Bicholim Police Station dated 25th January 2013 that reads as “You are hereby informed that you have been placed under arrest in Bicholim P.S. Cr.No. 17/13 u/s 341 of I.P.C today i.e. on 25.01.2013 at 17.00 hrs. You are further informed that the said offence is a bailable offence and you are entitled for bail.’ I also signed arrest form after consulting my lawyer. I have not restrained anyone to attract section 341 of I.P.C. and I hold that this police action is in total violation of my human right to life and dignity enshrined in the Constitution of India on the eve and on the day of the Republic Day 2013. Police did not return my pant, my cash and my gold chain till date even though I am released on bail and out of police custody.
18. In my understanding Bicholim police acted in this manner with me under the directions from Rajaram Bandekar (Sirigao) Mines Pvt. Ltd as they have past history of using police and other bodies of state administration like Panchayat and BDO for their vested interest of capturing 1,19,000 square meters of my family land near my house in Sirigao.
19. I pray that suitable action be taken against all the named Constable Venkat Marshal, PSI Tukaram Walke, Police Inspector Ninad Deulkar and unnamed policemen attached to Bicholim Police station responsible to my torture on 25th and 26th January 2013.
20. I pray to you to do everything possible for this matter has not just caused grave harm to me but to the very core of the spirit of the Constitution of India that governs all people of India.
(Babi Suresh Gaonkar)