MARGAO
Asserting that access to justice is the basic structure of the Constitution, the High Court on Monday said it is the responsibility of all stakeholders, including in particular the State, to ensure that proper infrastructure is made available for courts so that there is proper access to justice for one and all.
The High Court bench comprising of Justice R N Laddha and Justice M S Sonak observed while disposing of a Civil Application filed by the South Goa Advocates Association praying that the Association be made an intervenor in the suo moto petition before the court.
The court observation came on a day when three courts from the Margao Civil and Criminal Court building, which has been in the news over rainwater seepage into the structure, were shifted to the South Goa District and Sessions court building from Monday.
“Presently, we are informed that the Civil and Criminal Courts building at Margao is virtually unusable for court proceedings. Therefore, the courts have been shifted to the District and Sessions Courts complex at Margao. This complex is already overburdened, therefore, it is extremely difficult for such courts to function,” the High Court observed.
The court added: “From the report filed before us, it transpires that it is virtually impossible for any of the stakeholders to function from the Civil & Criminal Courts in Margao. Despite several letters, no steps were taken. This has now resulted in virtually the evacuation of the courts from the Civil and Criminal Courts complex. As noted earlier, even the District and Sessions Court complex at Margao is already overburdened. We state this only to emphasize that some urgent and time-bound steps are necessary in this matter."
“At the same time, considering the assurances given by the Minister, we are hopeful that such steps will be taken at the earliest. We place this matter on 02.08.2022 for further consideration,” the court said.
On the prayer made by the applicants, the Judges said: "At least, prima facie, we also agree that immediately a structural stability and electricity audit will have to be undertaken. We earnestly expect that this exercise is completed before the next date”.
The court requested the Principal District and Sessions Judge to give a further report by July 25 explaining the position at the District and Sessions Courts complex after the shifting of the Civil and Criminal Courts. Such a report may be considered by the authorities in the meeting scheduled on July 26, the court said.
Meanwhile, three courts from the Margao Civil and Criminal Court building were shifted to the South Goa District and Sessions Court building on Monday. With the shifting of the three courts of Magistrate to the District Court building, no court is functioning from the Margao Civil and Criminal Court building, other than the courts functioning from the annexe building.
