Team Herald
PANJIM: The High Court of Bombay at Got Goa, on behalf of the judicial institution, has apologised to the parties for the inconvenience and prejudice caused to them due to the non-preparation and non-furnishing of certified copies by the Quepem Judicial Magistrate First Class (JMFC) Judge.
While disposing of suo motu writ petition, the High Court stated that the present order and the orders passed in four criminal writ petitions be placed before the Administrative Committee of this Court for suitable action against the Quepem Judicial Magistrate First Class (JMFC).
The High Court had registered suo motu writ petition after the Quepem JMFC pronounced judgements and orders in the open Court but did not follow this with the actual writing and signing. Despite administrative requests and, in some cases, judicial directives, the process mandated by the law was never completed. As a consequence, the fate of the litigating parties was in a state of limbo. Such parties declared successful are deprived of the fruits of their so-called success. Their counterparts were deprived of their right to seek further redressal.
The High Court observed that there were six civil cases of which one date of judgment was passed in October 2020 and seven criminal cases where orders were not issued. Also two more two civil cases when the JMFC was posted at Canacona court in 2018 were found.
In April last year, the Principal District and Sessions Judge, South Goa Margao carried out an inspection of the Court of JMFC at Quepem and found that though two criminal cases were disposed of, but no signed judgments were found in the record. Only Roznama entries showed that the matters stand disposed of by convicting the accused persons. The Principal and District Judge, directed the Judicial Officer to correct irregularities immediately, requiring to complete the judgments in both matters and issue certified copies immediately. However, there was no response from the concerned Judicial Officer.
Accordingly, in April 2022, the Principal District and Sessions Judge reported the matter to the Registrar General, High Court of Bombay, through a proper channel, i.e Registrar (Administration) High Court of Bombay at Goa.
While expressing its great concern, the High Court observed that parties suffered unnecessarily because of the non-issuance of certified copies and non-preparation of original signed judgments by the concerned Judicial Officer while working at Quepem and Canacona.