On 25th February Justice Utkarsh Vishvanath Bakre of the Bombay High Court at Goa will retire. History will judge his tenure as a High Court Judge. Justice Bakre who was elevated as a High Court Judge on 17th March 2011 ends his four year long innings marred by a bundle of controversies. That his very well knitted fielding and elevation to the High Court was in supersession of other Senior District Judges is another issue.
We have seen Justice Bakre in various judicial positions since 1983 when he was appointed as Assistant Public Prosecutor. Very soft-spoken but yet equally very astute. It is not in regular matters, but a Judge is judged by the way he handles high stake matters and displays his spine to remain uninfluenced without bending and swinging to political pulls and pressures. Sources reveal that the Goa Government at the instance of Advocate General Atmaram Nadkarni is now contemplating of rewarding Justice Bakre with the coveted position as Chief Information Commissioner or possibly the Lokayukta after amending the Goa Lokayukta Act. On which will really end up being Justice Bakre’s retirement nest we shall soon know. His appointment as a Director of a Mining Company should also come as no surprise. Besides a coterie of some advocates, Justice Bakre has been known to be extremely close to the very controversial Advocate General Atmaram Nadkarni. Justice Bakre along with his wife as ‘Dampatya’ even graced a Puja performed at Atmaram Nadkarni’s plush private office on 18th June Road at Panaji. It was an extremely unholy and improper act on the part of Justice Bakre which only further jeopardized the credibility and integrity of the Judiciary. A Judge should not only be seen to be doing justice but should be felt to be doing justice and should also command respect when doning such high office and discharging his functions. Justice Bakre having been the Law Secretary of Goa from 21st November 2005 to 8th April 2007 during which the government took several controversial decisions on the Mining issue, he should not have as Judge of the Bombay High Court heard the mining case and been party to the judgment delivered on 13th August 2014 directing the Goa Government to renew the mining leases. The Justice Shah Commission which probed the Goa illegal mining scam held government officials also responsible for the irregularities that perpetrated. Justice Bakre who as Law Secretary having been privy and party to many of those controversial decisions should have recused from hearing any matter pertaining to Mining in Goa. Surprisingly Justice Bakre who was then Law Secretary has not yet been interrogated by the Special Investigation Team investigating the Mining scam. The judiciary must at all times ensure that it remains independent and is seen to be independent of any influence that might reasonably be perceived as compromising its ability to judge cases fairly and impartially. To maintain society’s trust and confidence, justice must not only be done but be seen to be done. Justice Bakre erred in not realizing that in every judicial proceeding there is need to uphold the public policy of maintaining the integrity of the judiciary and at the same time achieving fairness to the parties concerned. As the trust of the people is shaken when the judiciary does not discharge its duties as per the mandate of the Constitution, Judge Bakre by recusing to hear the mining cases could have saved the High Court of embarrassment which tends to lower the image of the judicial system. I would leave it to Justice Bakre to pen down in his memoirs on his other various controversial judgments. In the final year LLB results released by the Goa University on 11th June last year, Judge Bakre’s daughter Dipti was declared as failed. However in the revaluation which was announced on 17th July she miraculously passed as First Class. Was there any inappropriate influence in that revaluation? Only the phone conversations if any between Advocate General Atmaram Nadkarni and the Goa University officials could throw some light. While Justice Bakre departs, in contrast there is a ray of hope. We have an outstanding Justice Nitin Jamdar currently posted in Goa who over the last few weeks here has displayed very high levels of uprightness and integrity while discharging his judicial duties without fear or favour strictly geared by the parameters and tilted only to the law book. A cheerful indicator that all the wheels of Justice cannot be manipulated and are not yet derailed. I am in total disagreement with a lawyer colleague who last week possibly fearing the Contempt of Courts Act stated that we would have to wait till Justice Bakre retires to express our thoughts. For those fearing and fretting to speak out the truth may they be inspired and guided by the words of William Faulkner “Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world...would do this, it would change the earth”. The Judiciary is the last refuge for every citizen. Let us strive to maintain its high traditions and not let it get corrupted by our own weaknesses, even by being submissive and closing our eyes to the blatant desecration at the altar of justice. Jai Hind! Aires Rodrigues Advocate High Court C/G-2, Shopping Complex Ribandar Retreat, Ribandar – Goa – 403006 Mobile No: 9822684372 Office Tel No: (0832) 2444012 Email: [email protected] Or [email protected] You can also reach me on Facebook.com/ AiresRodrigues Twitter@rodrigues_aires
