Rodrigues seeks probe against judge for judicial impropriety

Social activist and Advocate Aires Rodrigues today sought in public interest the intervention of Bombay High Court Chief Justice Swatanter Kumar to order a full fledged inquiry against North Goa District Judge Nutan Sardesai for hearing cases in violation of ''judicial propriety''.

In a letter to the Chief Justice, Mr Rodrigues stated that it was very improper of Judge Sardesai to have heard the matter related to the grounded vessel ''River Princess'', as one of the parties in the litigation was industrialist Anil Salgaocar, her former employer.

''When any matter is being heard, the minimum that is expected of a Judge is to disclose the connection with any of the parties and in the event of a connection the Judge is expected to recuse from hearing the case,'' he said in the letter.

Mr Rodrigues recalled how the issue of judicial propriety was recently exemplified by the Supreme Court judges in the Ambani brothers' dispute, where they recused themselves from the hearing.

''Judge Sardesai's conduct is contrary to the high standards of judicial ethics that is being sought to be laid down by the Supreme Court, where Justice R V Raveendran recused himself from the matter saying his daughter Sunitha Rajesh is a partner with a Mumbai-based firm of solicitors that was advising Reliance while Justice Markandey Katju recused himself saying his wife held shares of Reliance Industries,'' he said.

Such caution had unfortunately been thrown to the winds, by the Goa judge, who, contrary to judicial propriety, had also heard a divorce matter relating to her own cousin brother, he pointed out.

Stating that only a thorough inquiry would reveal all the cases which Judge Sardessai should not have heard, Mr Rodrigues said lack of judicial accountability weakens society's confidence in the courts and that every judge has to be beyond any shadow of doubt.

''Justice should not only be done but also be seen to be done and that principles of natural justice and fairness, which is one of the fountain heads of the judicial system demands that a Judge should recuse himself in the event of any conflict of interest to avoid any overtones of bias,'' Mr Rodrigues averred.

He urged the Chief Justice to order a free, fair and impartial inquiry and ensure action be taken to uphold the rule of law by sending a signal that such misconduct on part of judicial officers which tend to lower the image of the judiciary and bring the judicial system into disrepute will not be tolerated.

-- (UNI) -- 07BY1.xml

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