Is it a necessity? The raging debate initiated by the South Goa Bar Association raises numerous pros and cons which will perhaps be vigorously voiced by the participants at the seminar to be held at Ravindra Bhavan on 25th April, 2015. However, a historical perspective will perhaps be of help to decide the controversy.
The Constitutional mandate of Article 214 of the Indian Constitution which provides that “Every State Shall Have Its own High Court” has been an elusive dream for the Goans inspite of concerted efforts of the Bar Associations of Goa to focus on the need for a High Court for the State.
The Territory of Goa, Daman and Diu was liberated from the Portuguese dominion in 1961. By this time the system of judicial administration in the territory was already more than for centuries old. Prior to the arrival of the Portuguese in India, Goa was ruled by Adilshah, the Sultan of Bijapur, and the Sultan was the head of the Sultanate’s Judicial System. It was, however, in the 15th century that the Portuguese established a High Court in Goa which was designated as “TRIBUNAL DE RELACAO”. The number of judges constituting the Tribunal de Relacao varied from five to ten members.
By the Goa, Daman and Diu (Judicial Commissioners Court) Regulation 1963, which came in force on 16-12-1963, a Court of Judicial Commissioner was constituted for the Union Territory of Goa, Daman and Diu and the Judicial Commissioner’s Court replaced the “ Tribunal de Relacao”.
On 16th May, 1964, Parliament enacted Goa, Daman and Diu Judicial Commissioner’s Court (Declararion as High Court) Act, 1964, whereby the same was declared to be a High Court for the purpose of Article 132, 133 and 134 of the Constitution of India and provided that an appeal from the said Court’s orders shall lie to the Supreme Court, subject to any rules that may be made.
In the year 1967 Goa was constituted into a Union Territory based on the results of the Opinion Poll held on 16-01-1967. On 12th August, 1980, a Bill was introduced in Parliament to extend the jurisdiction of the Bombay High Court to Goa, Daman and Diu. On 9th September, 1981, Parliament enacted the High Court at Bombay (Extension of jurisdiction to Goa, Daman and Diu) Act, 1981 and by notification dated 08-10-1982, the said Act was brought into effect from 30-10-1982. At the time when the High Court at Bombay (Extension of jurisdiction Act) was enacted, Goa was an Union Territory along with Daman and Diu.
On 23 May, 1987, Parliament enacted the Goa, Daman and Diu Reorganisation Act, 1987, which came into force from 30 May, 1987 and Goa was declared a separate State. However, inspite of declaration of Statehood, the Judicial System of the Common High Court for Goa and Bombay was maintained.
One of the main causes of the erosion of faith in the system of justice in Goa is the unconscionable delay in the disposal of cases; some of these delays are a direct result of distance between judicial administration by the High Court at Bombay and State of Goa. The situation must be rectified. The provisions of the Constitution in its letter and spirit must be implemented to the full.
Every State has its own Executive, Legislature and Judiciary. A State is never a complete State if its three wings have not been kept autonomous. The dominance of the State Judiciary by the Bombay High Court is a restriction on the freedom of a State. Goa shall not be a free State so long as the Judiciary is controlled, administered and managed by Court of another State. For completion of our Statehood, Judicial Independence is a must.
Apart from the above fact, administration of justice is delayed as sanction for appointment of judges, transfers, promotions, expenses and the like have to be obtained from Bombay. This procedure is time consuming and results in inordinate delays. The appointment of Judges, transfers and promotions takes months, sometimes years, as co-ordination between the High Court and State Government is time consuming. Delay in appointment, transfer, promotion causes all round delay in the trials and disposal of causes.
The promotional avenues of the Staff of the High Court and lower courts would entirely improve and fresh employment would also be generated after setting up of the High Court. Transfers of cases from one Bench to another and other appeals from writ petitions could be heard within the State of Goa.
The argument that work is not sufficient for separate High Court is irrelevant today as justice would be available to the citizens within its own State. The administration of the Court could be more closely supervised and controlled and the State finally would be complete in all its facets.
The domination of Goa Bench by the Bombay High Court creates incompleteness in the minds of the people and as such it is imperative that the Goan judiciary must be separated from the yoke of the Bombay High Court. Local traditions, local language, local customs, and local laws being different, it would be in the fitness of things to set up a High Court for Goa.
Besides, the entire expenses of running of the Courts are borne by the Government of Goa. Several buildings have been renovated by the Goa Government at Altinho, Panjim in order to facilitate smooth change over and for setting up of High Court. Foundation stones have also been laid by the Goa Government for setting up of a High Court. It is simply absurd and unthinkable that the Government of Goa should build a building to house a Bench of the High Court of the neighboring State. Goans have been known for their integrity, discipline and hard work. Judicial objectivity and fair play and justice are not lacking in the goan judiciary. It is therefore high time that Goa should have its own High Court as provided under Article 214 of the Constitution of India.
(The author is the ex-President of All Goa Advocates Association.)
