In public interest the Bombay High Court should order a full fledged inquiry against North Goa District Judge Miss Nutan Sardesai for her having heard cases in violation of judicial propriety. In the case of the grounded vessel ‘River Princess’, as one of the parties in the litigation before Judge Ms. Sardessai was Mr. Anil Salgaocar, her former employer it was very improper for Judge Nutan Sardesai to have heard the matter.
When any matter is being heard the minimum that is expected of a Judge is to disclose the connection with any of the parties and in the event of a connection the Judge is expected to recuse from hearing the case. This has been exemplified by the Judges of the Supreme Court in the Ambani brothers’ dispute, where they gracefully recused themselves from the hearing. Judge Nutan Sardesai’s conduct is contrary to the high standards of judicial ethics that is being sought to be laid down by the Supreme Court, where Justice R V Raveendran recused himself from the Ambani matter saying his daughter Sunitha Rajesh is a partner with a Mumbai-based firm of solicitors that was advising Reliance while Justice Markandey Katju recused himself saying his wife held shares of Reliance Industries. Unfortunately such caution had been thrown to the winds, by Judge Nutan Sardesai who contrary to judicial propriety, had also heard a divorce matter relating to her own cousin brother. Action has to be taken to uphold the rule of law by sending a signal that such misconduct on the part of judicial officers which tends to lower the image of the judiciary and bring the judicial system into disrepute will not be tolerated. Only a thorough inquiry would reveal all the cases which Judge Nutan Sardessai should not have heard. Lack of judicial accountability weakens society’s confidence in the courts. Every judge has to be beyond any shadow of doubt. Justice should not only be done but also be seen to be done and principles of natural justice and fairness, which is one of the fountain heads of the judicial system demands that a Judge should recuse himself in the event of any conflict of interest to avoid any overtones of bias. Aires Rodrigues Ribandar - Goa T1 - B30, Ribandar Retreat Ribandar - Goa - 403006 Mobile: 9822684372
