Hum Janenge: 6/13/21

Monday, June 14, 2021

[IAC#RG] IT WAS A GROSS ABUSE OF POWER BY HARISH SALVE

The Registration of Marriages in Goa is under the Portuguese Civil Registration Code, 1911 and this law being not contrary to any of the constitutional provisions still continues to be in force to date.

But the Goa Government headed by then Chief Minister Manohar Parrikar on 17^th January 2014 hurriedly issued a notification appointing all Sub-Registrars in Goa as "Marriage Officers" under Special Marriage Act 1954 without even that Act being extended to our State. It was done to solely facilitate the high profile marriage of former Solicitor General of India Harish Salve's daughter to be registered in Goa under that Act. On the strength of that notification on 24^th February that marriage was solemnized at now fugitive Vijay Mallya's then King Fisher Villa at Candolim in the presence of the Mapusa Sub Civil Registrar and a host of VVIPs.

The ulterior motives of the Government in acting so swiftly and issuing the notification in a tearing hurry in just one day was highly questionable. Even the Chief Secretary's views were not sought which was in complete breach of the Rules of Business, especially in a matter having widespread ramifications. To shield his friend Harish Salve, the then Advocate General Atmaram Nadkarni abdicated in his bounden duty by not placing the correct legal position before the government.

That notification was obviously issued to allow just that one marriage as the Goa Government over the last seven years has not permitted any other marriage under that Act. It would be prudent for the government to immediately withdraw that retrograde and now idling notification dated 17^th January 2014 and apologise to the people of Goa for having high-handedly and malafiedly tweaked the law to benefit just one person.

When will the government realize that nobody is above the law and that the law cannot be twisted and warped for a particular person's benefit, however rich, mighty or well-connected? And above all, Harish Salve should have acted responsibly by not making a request which was contrary to the law.

Adv. Aires Rodrigues

C/G-2, Shopping Complex

Ribandar Retreat

Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel No: (0832) 2444012

Email: airesrodrigues1@gmail.com

You can also reach me on

Facebook.com/ AiresRodrigues

Twitter@rodrigues_aires

www.airesrodrigues.in

Sunday, June 13, 2021

[IAC#RG] SELECTION PROCESS OF JUDGES MUST BE METICULOUS AND TRANSPARENT

The current selection process of Supreme Court and High Court judges is shrouded in total secrecy. It leaves room for friends and former colleagues of current and retired judges to manipulate their way through the system. This does not augur well for the Independence of the Judiciary which is the common man's last recourse to seek justice. Persons who cannot interpret the law inflict irreversible damage to the justice delivery system.

There needs to be total transparency in judicial appointments. The selection process has to be very rigorous and with stringent procedures in place to block the undeserving. This will ensure that only the very best and brightest are elevated as judges. It is imperative that politicians should have no role whatsoever, direct or indirect in the selection of Judges.

Only persons with very sound knowledge of law besides impeccable character and high integrity should be selected. For the rest there are many other options, Politics being one of the much sought after avenues.

We need to have the right persons selected as Judges with their salary and perks substantially enhanced so that only the best and brightest preside over the Temples of Justice. The Judiciary should never be manned by persons who are slanted or aligned to any political party. Judges should have the spine to crack on illegalities done by any politician, regardless of the party he is affiliated to and the high position he holds. If Judges cannot independently balance the scales of Justice, the Courts lose their very sanctity.

Over the years we have witnessed some extremely good judges but in anguish have also had to live up with those from the other end of the spectrum and on them less said the better.