PANJIM: The Union Minister of State for Law and Justice Prof S P Singh Baghel has said that if there is a proposal for an independent High Court for Goa the Ministry of Law and Justice can think over it.
Baghel also said that the Uniform Civil Code has been on the agenda of the Bharatiya Janata Party (BJP) and that the country needs to implement it.
The Minister visited the High Court of Bombay at Goa premises at Porvorim and held discussions with the Bar Association to take stock of the pendency of cases, convictions, facilities, and other issues.
He was assisted by Additional Solicitor General Pravin Faldesai, Adv Raviraj Chodankar, and Adv Somnath Karpe during the visit.
“When the Union Ministry receives a proposal from the circuit bench through the Governor and the Chief Minister, the Government of India thinks over it,” said Baghel.
Goa’s senior legal eagles have mixed opinions about independent HC for Goa
Goa’s Assembly had debated the issue a long way back, Law Minister Kashinath Jalmi threw a pin cushion on Radharao Gracias in the Assembly for raising the need for a separate HC for Goa
PANJIM: The demand for an independent High Court for Goa has again surfaced following a statement by Union Minister of State for Law and Justice S P Singh Baghel that the Centre will consider it if such a request is made by the State government.
The demand for an independent High Court gained importance after Goa attained Statehood in May 1987. But lawyers are divided over this issue.
In 1994, the then Loutolim MLA Adv Radharao Gracias raised the issue in the Legislative Assembly urging the government to set up an independent High Court for Goa and wanted to know the stand of the government. The then Leader of Opposition Dr Kashinath Jalmi objected arguing that Goa was not mature for an independent High Court.
But when then Law Minister Luizinho Faleiro told Adv Gracias that the previous (PDF) government had written a letter to the Centre urging to set up an independent HC for Goa, it annoyed Dr Jalmi, who was the Law Minister in the short-lived PDF government. In a fit of anger, Dr Jalmi threw a pin-cushion on Adv Gracias.
When contacted, Adv Gracias recalled the incident saying that the then Opposition Leader was caught on the wrong foot and favoured the independent High Court for Goa.
“In 1967 Goa opposed its merger with Maharashtra and remained a separate State. So having a High Court of Bombay at Goa was in defiance of Opinion Poll,” he said adding that in the past the erstwhile Goa, Daman, and Diu had Court of Judicial Commissioner, which acted as High Court for Goa.
Adv Gracias further said, “For me our Statehood will be complete when we have our independent High Court.”
The Goa High Court Bar Association president Adv Zilman Coelho Pereira said that there is a mixed reaction among the Bar members over independent HC for Goa. Some members of Bar feel that Goa should have an independent HC while, other members of Bar are of the opinion that Goa being a small State, there should be an independent HC.
He said that as a functionary he cannot express his view unless there is a resolution by the general body of High Court Bar Association.
But as far as his personal view is concerned, the former Advocate General said, “If the Goa government decides to have it, I personally will welcome it. It’s good for Goa.”
Former Advocate General Dattaprasad Lawande said his personal view is that Goa does not require independent HC. But legally it is permissible. At the same time, he pointed out that as per the Constitution, in smaller States there can be one common HC for two States.
Senior Adv Surendra Desai said though he was not against an independent HC for Goa, in the interest of the administration of justice there should not be an independent HC for Goa. “Today we get better visiting judge coming from Mumbai. In a better horizon, we are more benefitted. When visiting judges come from Mumbai they don’t have prejudice and perform in a fair manner. That will be lost.”