Legal fraternity backs special courts for netas


Panaji, Nov 4 (TOI): Cutting across party lines, there are criminal cases pending against several politicians in Goa. With the Supreme Court on Wednesday favouring the setting up of special courts to deal with criminal cases against politicians expeditiously, these cases, some of which are decades-old, may see speedy disposals.

Retired district judge, Desmond D'Costa welcomed the decision of the apex court. "With some cases pending for over a decade and more, dedicated courts are required," said the former sessions judge, adding that merely setting up courts will not serve the purpose, judges will also have to be appointed with exclusive jurisdiction to those courts.

However, retired district judge, Promod Kamat was not in favour of exclusive courts to try politicians. "We need more courts as also appointment of adequate judges. If we have special courts to hear cases against politicians alone, then, in the future, we might see demands for similarly dedicated courts for others as well," he said.

Praising the decision, former Union law minister and Congress spokesperson advocate Ramakant Khalap raised a caution. "Special courts could be misused by the ruling dispensation to convict opposition party leaders with fabricated evidence," he said.

Saying that it is the constitutional right of every person to appeal in a higher court, Khalap raised the point of having a fixed time frame for disposal of these cases before appellate courts.

"I suggest cases before appellate courts, with regards to politicians, also be tried in a fixed time period," he said, adding that otherwise the purpose of having these special courts would be defeated.

Social activist advocate Aires Rodrigues said, "The Supreme Court has rightly observed that in the interest of the nation criminal cases involving politicians must be speedily disposed."

A senior counsel speaking on condition of anonymity said anything that will expedite the justice system is welcome.

  

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Comment on this article

  • Valerian Dsouza, Mangalore

    Sun, Nov 05 2017

    This was the only thing left exclusive court for these people. Better to recruit judges from the political parties. So no need of bribing the Lawyers. So the culprit, police and judges all between themselves. What a idea sir. No leaking of news of wrongdoing of these Politicians. India taking a U turn on the wrong side.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Sat, Nov 04 2017

    Establishing special courts to try criminal cases is not unusual and should be welcomed especially in corruption cases involving not just politicians but also officials in government dispensing all sorts of rights and entitlements and getting "rewards" from the grantees in return. Special courts under current laws are under the jurisdiction of the High Court of the state in which they are set up and their decisions are appealable to the High Court. The High Court should impose strict time-lines on proceedings to speed up the process, stopping adjournments more than three times except for good and sufficient cause, as is done in some of the current laws.

    DisAgree Agree [1] Reply Report Abuse


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