Court imposes costs of Rs 500 on Goa's Advocate General

Panaji Judicial Magistrate First Class (JMFC) Mr. Edgar Fernandes today directed Goa’s advocate General Mr. Subodh Kantak to pay Social activist Adv. Aires Rodrigues costs of Rs 500 for seeking an adjournment of the cross examination which was scheduled for today. It is for the first time in India’s history that a court has had to impose costs on an Advocate General.

Adv. Rodrigues requested the court that the Rs 500/- be deposited to the Court’s free legal aid fund but as the rules do not permit the same, Adv. Rodrigues immediately sent the Rs 500/- received from Mr. Subodh Kantak’s advocate to the Chief Minister’s Canacona flood victims relief fund.

Advocate General Subodh Kantak today once again sought  an adjournment of the cross examination on the grounds that he has filed a Special Leave Petition before the Supreme Court challenging the order passed by Justice Nelson Britto against him. Last week Mr. Kantak had filed a similar application but withdrew it.

Strongly opposing today’s application Adv. Aires Rodrigues told the Court that Mr. Subodh Kantak was trying to delay the proceedings initiated by himself by seeking repeated adjournments on grounds that he is unwell, busy in the High Court etc

Adv. Rodrigues submitted that the High Court order which has been challenged

by Mr. Subodh Kantak was passed way back on August 28th and that the Advocate General had enough time to seek appropriate orders from the Supreme Court.

Adv. Rodrigues also submitted that Mr. Subodh Kantak as a litigant by virtue of being an Advocate General cannot seek any special treatment before the Court

The JMFC Mr. Edgar Fernandes today directed that the further cross examination of Goa’s Advocate General Mr. Subodh Kantak will now resume on November 13th at 2.30 pm.

After Adv. Aires Rodrigues highlighted the exorbitant fees being paid to the Advocate General of Goa by the government, Mr. Subodh Kantak had initiated defamation proceedings against Adv. Rodrigues before the Judicial Magistrate First Class at Panaji and has also sought Rs 15 crores by way of compensation from Adv. Rodrigues.

In a major setback to Goa’s Advocate General, the Bombay High Court on 28th August allowed the Criminal Writ Petition filed by social activist Adv. Aires Rodrigues against Goa’s Advocate General Mr. Subodh Kantak.

Justice Nelson Britto in a landmark judgment has ruled that Adv. Rodrigues could cross examine Mr. Subodh Kantak on his character, conduct and competence as Advocate General of Goa.

Subodh Kantak who happens to be India’s first Advocate General to file a defamation case against an Advocate is also the country’s only Advocate General to have had to face High Court proceedings filed by an advocate. It is also for the first time that a High Court has had to pass a judgment in a criminal writ petition against an Advocate General.

It may be also recalled that besides Adv. Rodrigues, a meeting of the Congress Legislative Party (CLP) was highly critical of Advocate General Subodh Kantak’s conduct. The BJP, MGP, UGDP, Save Goa Front, Shiv Sena and even the Goa NCP have also demanded the removal of Mr. Subodh Kantak from the post of Advocate General.

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