Judge Desmond suspended

Judge Desmond suspended
Legal fraternity cries foul, urges withdrawal
HERALD REPORTERS
PANJIM/MARGAO, FEB 9
South Goa Additional Sessions Judge Desmond D’Costa was today placed under suspension pending an inquiry against him.
Principal Sessions Judge U V Bakre issued the order suspending the judge.
Law Secretary Pramod Kamat confirmed the development, but the reason for D’Costa’s suspension was not immediately known. “I have no knowledge about the reason,” Kamat said, adding the orders were issued by the High Court.
Reliable sources informed Herald that the one-line order does not mention the reason behind his suspension. The sources said that the action was taken on “disciplinary grounds” following a complaint.
D’Costa, a judge with an impeccable reputation throughout his career spanning over two decades, had recently delivered verdicts in crucial cases involving alleged serial killer Mahanand Naik.
Sources said that there were some apprehensions raised over D’Costa’s issuing judgments in these high profile cases, as he was holding charge when the sessions judge was on leave.
Meanwhile the legal fraternity on Wednesday has cried foul over the decision to place under suspension the Judge.
Describing D’Costa as a gentlemen judge throughout his legal career, South Goa Advocates Association, President Anacleto Viegas said the legal fraternity in Goa is totally upset with the news of D’Costa’s suspension for dispensing justice in a criminal case in 20 days. “Is this the reward a judge deserves for disposing a criminal case expeditiously, when quick disposal is the need of the day? ”, Viegas asked.
He said that in the absence of the presiding judge, the acting judge is normally entrusted with all administrative and judicial work. In fact, he said, it should be to the credit  of Judge Desmond D’ Costa that a criminal case has been disposed of in the shortest possible time in Goa where cases take ages for want of reports, non availability of witnesses.
”The police who have not done the investigation in the right direction must be blamed if the case does not end a in conviction. Is the judge to be punished for exercising his judicial discretion? In fact the prosecution had closed its case for want of witnesses. What is the judge supposed to do in these circumstances? Allow the accused to rot in jail and not pass judgment till the district judge arrives”, he questioned.
Saying that D’ Costa  has been a carefree judge with no hang ups or prejudice of any sort, Viegas said “D’Costa bears no ill will towards anyone and certainly has no bias towards any litigant or lawyer.”
Viegas said the suspension of Judge D’ Costa for a matter which he judicially decided and against which no appeal was filed by the State is highly deplorable. “The judgment is not found to be erroneous nor the trial vitiated and yet the judge is in the dock for doing his duty. This is the height of injustice”, he said and urged the High Court to withdraw the suspension and deal with the matter in a just and proper manner.
Saying that the association shall be constrained to take recourse to legal and direct action if the suspension is not withdrawn forthwith, Viegas said the legal fraternity will certainly hold demonstrations both in Margao and Panjim as a mark of protest against the suspension of Judge D’Costa.