Shantaram to revive demand for separate HC

PANJIM, FEB 19: Member of Parliament, Shantaram Naik in a statement issued today has said that he would revive his demand for a separate High Court made 25 years back as president of the South Goa Advocates Association and later as member of the Lok Sabha, during the forthcoming monsoon session of Rajya Sabha.

Shantaram to revive demand for separate HC
HERALD REPORTER
PANJIM, FEB 19: Member of Parliament, Shantaram Naik in a statement issued today has said that he would revive his demand for a separate High Court made 25 years back as president of the South Goa Advocates Association and later as member of the Lok Sabha,  during the forthcoming monsoon session of Rajya Sabha.
Naik said that the Panjim bench of the Bombay High Court was established on 30 October 1982, pending the demand for a full-fledged High Court for Goa as contemplated under the Constitution, and that the demand for a High Court was not given up by the lawyer community in Goa.
He said that it is because there was a vertical split within the lawyer community that he did not pursue the demand after the bench was established in Goa.
The MP said that he was happy to learn that a consensus is developing for a full-fledged High Court due to the realization among lawyers about the advantages of having one, besides the States’s constitutional right of getting one
 Naik said one cannot forget that Goa had a full-fledged High Court with five sitting judges having jurisdiction not only over the areas of Daman and Diu but also over Portuguese colonies of Macau and Timor, for about four centuries.
He said even the Court of Judicial Commissioner which was established in the Union territory after the liberation , was nothing less than an High Court. In fact,  the bench of the Bombay High Court is much lower in judicial status than the then Court of  Judicial Commissioner.
 Refering to another development,  Mr Naik said that the Central Civil Services (Conduct) Rules, 1964 framed under Article 309 of the Constitution , which are  applicable to government servants,  should not be made applicable to the officers of subordinate judiciary, and that, a different set of rules should be enacted for such officers.
Naik said if a judgement is taken  as the basis to charge a judicial officer of a “conduct unbecoming of government servant” then every party aggrieved by the judgement of a judicial officer, will , apart from filing the regular appeal,   also make a representation to the High Court that action be taken against the judicial officer under the Conduct Rules,  alleging that the judge overlooked a document or did not consider a piece of evidence on record or misinterpreted a particular section of law.
 There will be total  chaos in the judiciary and judges will loose their status as  judges and, will remain  busy all the time,  answering show cause notices under Conduct Rules , Naik said.
He said that the Standing Committee  of the Ministry of Personnel, Public Grievances , Pension ,  Law and Justice is examining presently Judicial Standard and Accountability Bill, 2010, of which he was a member.

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