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Fishing Ban Violation: P.S. Reddy's Order Stayed
The Chairman of the Appellate Board, retired District Judge, N.S. Kaisare today (March 11) stayed the 24th February order of Mr. P S Reddy, Adjudicating Officer and Commissioner of Excise punishing 30 trawler owners for allegedly violating the ban on fishing imposed during the last monsoon season.
The Chairman of the Appellate board constituted under the Goa Marine Fishing Regulation Act passed the order on an appeal filed by the trawler owners represented by Adv. Aires Rodrigues who submitted that Mr. Reddy's order was contrary to law, devoid of any legal substance and without proper
application of mind.
The Chairman of the Appellate board has also directed that the appeal be heard within seven days of the Appellate board being fully constituted on filling the other two vacancies which have been vacant for the last five years.
The Adjudicating officer Mr. P. S Reddy had in his order directed that the licenses of the 30 trawlers be suspended for a period of 30 days and had besides imposed harsh fines totaling to over Rs two lakhs.
Arguing on behalf of the trawler owners Adv. Aires Rodrigues submitted that the adjudicating officer passed the order without complying with the set judicial procedures and had approached the whole case with a close mind.
Adv. Rodrigues submitted that the Adjudicating officer had failed to realize that in terms of Government order dated 8th April 1999 the prohibition to fishing was specifically restricted unto 24th July and that the 30 trawlers had been penalised for allegedly fishing after 24th July and that fishing on or after 25th July cannot be said to be contrary to the Act as than inforce.
Adv. Rodrigues also submitted that the trawler owners by fishing in an area beyond the territorial waters of Goa, did not breach the law banning fishing within the territorial waters of Goa and that the trawlers were seized on the return journey after fishing in the deep sea beyond the territorial waters of Goa.
Adv. Rodrigues further submitted that the trawler owners were wrongly seized by the State authorities, who were bent on implementing the ban lopsidedly by targeting trawler owners although the authorities did not take any action against those mechanized boats like canoes fitted with outboard motors which
were blatantly fishing despite the fishing ban.
Adv. Rodrigues submitted that Adjudicating Officer Mr. Reddy's order sought to penalise the trawlers owners without making the authorities prove that the trawler owner's were caught in the act of fishing within the fishing ban zone.
Meanwhile, Government's decision to appoint Adv. E.P Lobo as member of the Appellate board has been strongly opposed by the All Goa Fishing Boat Owners Association who have contended that Adv. Lobo having represented the Ramponkars against the interests of the trawler owners in various legal disputes could not be an independent and unbiased member on an Appellate Board. Taking cognizance of the complaint Law Secretary Mr. Shetye has assured that an alternate person would be appointed in place of Adv. Lobo.
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