*A High Court for Goa*
Goa had the first High Court in the entire continent of Asia, with jurisdiction, over the scattered Portuguese empire in the east. Liberation, produced a demotion from the High Court to the Court of Judicial Commissioner. Upon persistent demands, a sop, by way of Bench of the Bombay High Court was set up at Panaji. The same interests, which had worked in vain, for the merger of Goa with Maharashtra, have this last quarter century, succeeded in denying a High Court for Goa. In the year 1992, I had raised the issue of our own High Court in the Legislative Assembly. The proceedings went something like this: Radharao Gracias: Will the Hon’ble Minister for Law be pleased to state what is the stand of the Government on a High Court for the State? Luisinho Faleiro (Law Minister) : The Government. ………….. Dr.Kashinath Jhalmi (interrupting): Goa is not mature for a High Court. Radharao Gracias : What was the stand of the previous Government on the issue? Luisinho Faleiro (after going through the papers) : The previous Government had written to the Union Government demanding a High Court for the State. Radharao Gracias : Who was the Law Minister at that time? Luisinho Faleiro : Dr.Kashinath Jhalmi Radharao Gracias : How could Goa which was mature for the High Court few months back when Dr.Jhalmi was the Law Minister, suddenly become immature now? All hell was let loose. Dr.Jhalmi lost his cool and hurled a paper weight at me. He had been thoroughly exposed and could not take it. The same hypocrisy still endures. The opinion poll verdict was against merger with Maharashtra. How come Goa has been judicially merged with Maharashtra? It is complete contempt of the verdict of 16th January, 1967, and a negation of democracy. Goa can be a full fledged State only after it has all the three organs; the Legislature, Executive and the Judiciary. The arguments of the detractors is that there are no competent persons in the State capable of being appointed to the High Court. The one reality is that Goa has efficient, competent and honest judicial officers as good as any in the country. Two Goans (Justice G.D.Kamat Gujarat and Justice Ferdino Rebello Allahabad) have become Chief Justices of other States. Several Goans have become justices on the Supreme Court of our former colonial masters Portugal including a Chief Justice. But no Indian has ever been found fit to be appointed to the higher judiciary in Britain. And the other reality is that we also have inefficient, incompetent and corrupt judicial officers as bad as any in the country. Unfortunately, I am not Shanti Bhushan to name them. I may have to exchange my black coat for the black Maria, if I do. Our national motto may be “Truth alone triumphs”, but the law says “Truth is no defence”. You and I have to abide by the law. Goa’s judicial merger with Maharashtra has only enabled Maharashtrians and others, to grab judicial positions in the State. Some fifteen non Goans have been appointed to the Goa judiciary (even without basic knowledge of Konkani) while only one Goan, has found favour in the Maharashtra judiciary, over the last twenty five years. Today, I am informed, even peons and orderlies at the Panaji Bench of the Bombay High Court are brought over from Maharashtra. Are there no Goans, fit even to be peons and orderlies? Recently, Congress Spokesperson, Abhijeet Manu Singhvi, so amply demonstrated the process and the procedure for the appointment of judges elsewhere, in the country. Do those who insist that Goa should not have its own High Court desire, that judges appointed by the Singhvi procedure be posted in Goa? Goans must be proud of the fact that so far not a single judge has been appointed in Goa with the intercession of Singhvi or his procedure. There was a great opportunity for our own High Court, when Ramakant Khalap became the Union Law Minister. He naturally opposed the move, after all, he is a Maharashtrawadi, now in Congress garb. Presently, Shantaram Naik has moved a Bill in the Rajya Sabha for our own High Court. Shantaram for certain, is genuine. No dispute on that. Perhaps, he is also the only Congressman in Goa. But does the Congress in Delhi care for him? I hope it does. For the sake of Goa. By: Adv.Radharao F.Gracias
