Ever since Goa got liberated, recently completed 50 years, all AGs so far appointed by Goa government has appeared for mining lobby, builders lobby, gamblers lobby, and all other lobbies (let's call all these lobbies as 'gangsters') before they were appointed as AG of Goa! Likewise, all top rated lawyers of Goa including other lawyers have also appeared and are still appearing for these lobbies. Depending on client who approaches the lawyer(s) they take up the cases to appear either as petitioner's lawyer or respondent's lawyer because lawyers always posses a special skill in either to opposing or defending.
Secondly, it's not only Mr. Atmaram Nadkarni who appeared to defend 'gangsters' before he was appointed AG, but equally Mr. Kanthak, earlier AG, too appeared for all such cases against government. Likewise almost all earlier AG's and almost all top class advocated of Goa have appeared on behalf such 'gangsters', prior to their respectable appointments, if any! If one goes by past records of top class advocates of Goa it will definitely poses a challenge to any government when it comes to even appointing AG of Goa! For, there are hardly any lawyers in Goa or rather in India who take up or appear only for right cases or not appeared for any other cases than on behalf of government! This is a fact! Under such circumstances, a question pops up is "Whom should Goa Government consult?"; "To avoid any suspicion should government consult law students?" For these the only class who has not appeared for any mining lobby or gangsters! Is that what is being advocated these days? Although the stand taken or projected is right, it's beyond practice considering above facts! More over the present stand appears to be more of a personal nature than ethical!! One recent case I know of is dispute regarding medium of instruction where in Adv. Nadkarni appeared on behalf of petitioner and filed a case against Goa government. Before final verdict of the court, Adv. Nadkarni was appointed as AG and the case in question was in final stage - at that point of time Adv. Nadkani declined to appear for the petitioner and petitioner had to hire another lawyer to defend the case. Likewise, I think Adv. Nadkarni will not even appear for government in a case if he had earlier appeared for that particular gangster! The very same principle is followed by other lawyers and earlier AGs too!! These are the ethics which any practicing lawyer follows!!! As far as appointment of AG is concerned, yes he is appointed by governor but on advise of government. Governor does not do selection of any person for any of Government posts! Although technically AG is answerable only to Governor, in practice he is equally answerable to CM and the government also!! The selection of the Advocate General of Goa has been always a political choice of the ruling party since Goa's liberation and is the practiced even at the center. There is nothing new in this!! If any Goan can suggest the names for Lokayukta and Information Commoner positions what's wrong if a particular committee headed by XYZ is also asked to suggest the names. Suggesting names by any person or by any committee or by any NGO does not mean appointment of those persons. Suggestion and appointment are two different issues! If selection of Lokayukta and Information Commissioner is to be left solely to High Court to prevent so called political interference, few things needs to be considered: 1) Act, Rules and any other guiding legal requirements needs to be amended & amendments does take time! - So Goa will not have Lokayukta and Information Commissioner for years! 2) What guaranty is there that High Court will select the right candidate without any interference? In all other States and also at the Center, selections to top class posts are done by a selection committee comprising of CM/PM (depending on involvement of state or center), Opposition Leader of the State or Center (depending on involvement of state or center), few other MLAs/MPs (may be there or may not be involved) and representative of High Court/Supreme Court (as the case may be). No top class appointments are done exclusively by High Court/Supreme Court alone! Considering this age old practice, why should only Goa deviate from set practices / procedures? It's not only AG that has to be a role model but all government appointed high profiles including elected representatives of people (politicians - MLAs) too has to be role models by first maintaining high and noble standards for themselves!! As far as disproportionate assets of any personality in Goa are concerned, any Goan can approach appropriate agency/court by filing a case with supporting documents. If the case in question does not come under time limitation than case could be filed seeking intervention of appropriate agency/court asking for investigation right from the year of liberation i.e. 1961 without restricting only to year 2000 to date (Shah commission report is not a guiding factor to determine period of investigation for any other cases other than mining.) Aires Rodrigues [email protected] on Sat, 29 Sep 2012 wrote: The Goa Government should not seek the legal opinion of the Advocate General of Goa Mr. Atmaram Nadkarni on the crucial Mining policy. Mr. Atmaram Nadkarni had been representing the mining companies for many years. The Advocate General would be in clear conflict of interest in now even advising the Goa Government on any mining issues. As the Advocate General is appointed and is answerable to the Governor, the intervention of Goa Governor B.V Wanchoo would be sought in the matter. It is very improper for Mr. Atmaram Nadkarni to be now advising the Goa Government on Mining, Casinos and the Regional Plan after having earlier appeared and advocated the cause of the Mining, Casino and Builders lobby. The current unethical practice of Government advocates appearing for private parties in cases against the government is totally unacceptable and has to immediately stop. The selection of the Advocate General had now become a political choice of the ruling party. Therefore the decision of the government to form a committee headed by the Advocate General to suggest names for the post of Lokayukta and Information Commissioners is questionable. The Chief Minister Mr. Manohar Parrikar is obviously trying to do indirectly what he cannot do directly. The selection of Lokayukta and Information Commissioners should be solely left to the High Court to prevent politicians from interfering and vitiating the selection to these vital positions. Any Advocate General should be a role model to the entire legal fraternity by first maintaining high and noble standards himself. There is need of a probe to ascertain whether there were any disproponiate assets acquired by the Advocate Generals of Goa since the year 2000. It is relevant to note that the Shah Commission concludes that all the illegal mining activities continued since 2000. Aires Rodrigues T1 - B30, Ribandar Retreat Ribandar - Goa - 403006 Mobile: 9822684372
