Police accused of misusing power in case of Godwin D’Souza

Police accused of misusing power in case of Godwin D’Souza

Mangalore Today News Network

Mangalore, June 14: Justice M. F. Saldanha told reporters at a press conference held at Hotel Woodlands on June 14 Tuesday that the case of Godwin D’Souza has been placed before the TII (Karnataka) as an example of gross misuse of power on the part of the police. 
 

 

 

Revealing further information, he said that, according to records, the case is related to the Mangalore Rural Police Station, Kulshekar, and the FIR is related to Crime No. 242-2010 dated 11.09.2010 for an offence under Section 494. Reportedly, Shanthi D’Souza had lodged a complaint no. 26/2010 in the court of the first CJM, Mangalore, alleging that she was married to Godwin D’Souza on 22.08.1999 at Cordel Church, Kulshekar as per Roman Catholic rites and rituals.

According to the complaint, the marriage was not registered and the relationship between the husband and wife had deteriorated and that she was not residing at her husband’s house. The complaint also stated that she had come to know that her husband had married Angeline D’Souza on 06.07.2003 at Kulshekar Church and has accused her husband of  bigamy.
The complaint was sent to the police for investigation, and the investigating officer was obliged to perform a fair and correct investigation, which has not happened in this case.

In his defense, Godwin D’Souza admitted that he had indeed gotten married to Angeline D’Souza before getting married to Shanthi D’Souza, but the complainant had deserted her husband immediately after marriage and had approached the Ecclesiastical Court requesting the marriage to be nullified. The Ecclesiastical Court took up the case and passed a decree of nullity on 10.09.2002. The church marriage was dissolved and was not an obstacle for Godwin to get married again in the Catholic Church. Godwin married again at Kulshekar Church on 06.07.2003 only after the dissolution of his previous marriage.

Godwin said that he had committed no offence. He also pointed out to the police that his aged father is being unnecessarily involved in the matter and that his family was being threatened orally and also through letters that they should pay Rs. 60 lakh or face the consequences. Although the facts were placed at the police station and two FIRs were registered, no action has been taken.

The move of the police to ignore evidence placed before them and register an FIR against Godwin is illegal and biased, said Justice M. F. Saldanha, adding that the case ought to be reconsidered and an application should be made to the court that the accused should be discharged.

PUCL President P. B. D’Sa, Vice President Suresh Bhat Bakrabail, Mohammed Kabir, and Vijaya C. D’Souza were also present.