The Goa Police on Wednesday finally received a copy of the High Court order directing it to register an FIR in the mysterious death of activist Bismarque Dias, prompting them to register the FIR on the same evening.
PANAJI
Speaking to The Goan, Superintendent of Police Priyanka Kashyap said that the case was registered under section 302 (murder) against unknown persons based on the complaint of his brother Mario Dias who said he suspected foul play in his brother’s death.
“We have received a copy of the order officially today at 7 pm. We have registered a case under section 302 of IPC as directed. Further sections could be added depending on the investigations,” Kashyap told The Goan.
The Bombay High Court at Goa while disposing two petitions one filed by the family and another by a trio of activists ruled that since the complaint revealed the commission of a cognizable offence the police were not justified in not registering an FIR.
“On perusal of the complaint (lodged by Mario Dias on November 7, 2015) it prima facie does disclose the commission of a cognizable offence. The police are not justified in refusing to register an FIR.”
“The fact remains that ultimately a conclusive solution to the manner in which the deceased had died has not been explained by any pointed and reliable evidence,” the court observed.
“The state owes an obligation to the deceased and his family that an investigation be carried out to solve an alleged crime has been duly committed. All aspects duly considered suggest that the petitioners are not satisfied and have brought to our notice different aspects remain unsolved,” the court observed.
After two autopsies, which arrived at similar conclusions and after two separate investigations by the Old Goa Police Station and the Crime Branch, who submitted their reports to the Sub Divisional Magistrate (SDM), the SDM passed an under section 174 of the Code of Criminal Procedure on April 21, 2016 that the deceased died due to asphyxiation and hence a result of drowning in water and the cause of death was classified as an accidental death.
