Lawyers and Litigants should always meticulously ensure that the details of Court proceedings are always correctly recorded. It is not just necessary but extremely vital that nothing should ever be taken for granted.
This was a lesson I learnt the hard way in 2014 and that too in the High Court. I had filed a regular petition challenging the Special Marriage Act, 1954 which was extended to Goa solely to facilitate the marriage of the flamboyant former Solicitor General of India Harish Salve’s daughter. When the matter came up for hearing the bench comprising of two judges asked me as to how I would be affected if this Act was extended to Goa. To this I submitted that it would be against public interest as Goa is governed by the Uniform Civil Code. To this the Judges advised me to withdraw the petition and file it as a Public Interest Litigation (PIL). So I promptly withdrew that petition but my error was not to get it recorded in the order that the petition was being withdrawn with leave to file it as a PIL. I swiftly filed the new petition and when it came up for hearing before the very same Judges, they feigned ignorance that I was allowed, nay advised to withdraw the earlier petition and file it as a PIL. I couldn’t believe what I was hearing and was so distraught as it was all unbelievable and calculated. Unfortunate as it was, I learnt it the hard way to ensure that everything is always in black and white. It appeared that the saying ‘my word is my bond no longer held true’. Just as surprising was the fact that not one but two judges would not remember what their considered advice was only a few days prior. Whatever happened in Court on that day left me in utter shock and disbelief that this could happen in a Court of Justice. That astonishing incident will remain in my mind for the rest of my life. My only consolation was that it was a case I had filed myself and not a client’s one. Life is a learning process and on that day my trust in the Judiciary was shaken. It made me realize that things cannot always be taken for granted. Life is not always what it seems. But I put it down to experience and vowed to learn from this very unhappy episode. 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 www.airesrodrigues.com
