After 39 months of David’s Custodial Death Justice Still not Served – P B D’Sa
Mangaluru: “Government of Karnataka does not care for the life of a human rights protector after the custodial death of District president of PUCL David D’Souza on July 2, 2015, in Mangaluru Rural Police station. The custodial death of David D’Souza was reported to the police commissioner and others seeking immediate FIR and enquiry into his death. On 6 July 2015, PUCL had submitted a written complaint to the police commissioner of Mangaluru in writing, enclosing a circular relating to custodial death of NHRC D No: 40/1/1999-2000 dated January 3, 2001”, said the National Vice President of PUCL P B D’Sa in a press meet held at Valencia here on September 21.
Addressing the mediapersons P B D’Sa said, “In spite of 39 months since the custodial death, of the then, President of Dakshina Kannada Peoples Union for Civil Liberties, Mr. David D’Souza, Police/state government have not informed about the custodial death, to the National Human Rights Commission which should have been immediately done. An enquiry by a Judicial Magistrate should have been ordered into the custodial death of Mr.David D’Souza in accordance with NHRC guidelines. which also be immediately initiated, and in accordance with the NHRC Circular”.
P B D’Sa also said, “Further we had also demanded: Protection must be provided to Mr. Stany Fernandes the Key eyewitness of the custodial death and since then he is facing serious threats from Police.
His safety is paramount to this case and steps must be taken to ensure the same. An FIR must be registered against the Police Officials responsible for the death of Mr. David D’Souza and impartial investigation be conducted into the same.
The Police have failed to register an FIR against the accused inspector, nor the government has taken any steps in this regard. And 39 months have passed since then. Police Commissioner had appointed an ACP, Mr Madan Gaonkar as enquiry officer, to which PUCL took an objection by a letter dated 1st August 2015 as he was not a competent authority to investigate into custodial death. According to the NHRC circular, we demanded an enquiry by an IPS level officer which was also not initiated thereafter. Copies of our letter dated 1st August 2015 was sent to Home Minister, DG, IGP and others. Later after our insistence, DCP Dr.Sanjeeva M.Patil called me, P.B.D’Sa Vice-President of National PUCL for an enquiry, for which I appeared before the DCP on 22nd October 2015. DCP Patil informed me that the matter has been referred to CID and that death was closed at Mangaluru Police level.. I told DCP that if the matter has been referred to CID for further investigation I had no objection for closing the file, for which also I had raised an objection, asking DCP, that if the custodial death of David D’Souza is referred to CID, why are you intimating closure of the file?. Also by a letter to DCP, I had clarified that I did not request or voluntarily agree for the closure of the file. However, in spite of constant reminders and visits to the next Home Minister’s office, the case did not move forward.
We have even provided a copy of evidence from eyewitness Stany Fernandes dated July 5, 2015, to the commissioner of Police Mangalore and the then Home Minister, but there seems to be no action initiated nor Government of Karnataka showing any concern for the life of a Human rights protector/defender. It is pertinent to mention, that the same Government of Karnataka, after Madikeri Court had filed a case against the then Home Minister K.J.George, in Dy SP Ganapathi suicide case, it was immediately referred to CID and in a lightning speed, an investigation report was submitted giving a clean chit to him, and he was also reinstated as Minister again.
A member of the PUCL had also mentioned and made representation to the then Home Minister, Ramalinga Reddy, who after becoming the home minister held a press meet in the office of Commissioner of Police, Mangaluru, and the minister had promised to take action to initiate the needful and do justice
In view of this after seeing the indifference of the Government of Karnataka, we have come before the Press to highlight this. The NHRC clearly says that as long as the death occurred/caused due to police action and that too, in the Police station premises, an FIR has to be raised, against the Police Officials concerned,. however high or low the police personnel may be. The Police Department primarily failed, after the then DCP Dr.Sanjeev M.Patil intimating that the case of custodial death of David D’Souza has been transferred to CID, and to all our efforts, Government of Karnataka has been sitting silently in a biased manner.
District Secretary of PUCL Kishore Attavar, Patrons of PUCL Batram Pinto, Aneef, Melwyn Pinto, Advocate Jerome Saldanha and others were also present.