MARGAO
Routine transfers of Sessions Court judges seem to have hit the trial in the mining cases pending before the Special Court, South Goa. Incidentally, petitions to transfer the mining cases from South to North Goa Sessions Court are reportedly pending before the High Court.
Reason: South Goa Additional Sessions Judge Edgar Fernandes has been transferred and posted as Additional Sessions Judge, Panjim. Take note, Judge Vincent D’Silva has assumed office as Additional Sessions Judge, South in place of Judge Edgar.
As a matter of routine duties, Judge Vincent is mandated to take up matters listed before the Additional Sessions Court earlier chaired by Judge Edgar.
There’s, however, a hitch in the form of a notification issued by the Department of Mines, Directorate of Mines & Geology way back in January 2019 when Chief Minister Manohar Parrikar was heading the BJP-led government.
As per the notification issued by then Director of Mines Prasanna A Acharya, the Government of Goa had constituted the Court of District Judge-1 and Additional Sessions Judge at South Goa, Margao as a Special Court for the whole of State of Goa for speedy trial of offenses for contravention of the provisions of sub-section (1) or sub-section (1A) of section 4 of the Mines and Minerals (Development and Regulation) Act, 1957.
That’s not all. The notification further notified with the “concurrence of the High Court at Bombay, the Government of Goa appointed Judge Edgar Fernandes, District Judge-1 and Additional Sessions Judge, South Goa as the Judge of the said Special Court.
Court sources informed that the later part of the notification wherein the government has notified Judge Edgar Fernandes as the Judge of the Special Court has brought about the stalemate. “There should not have been any problem for Judge Vincent to take up trial of the mining cases as per part one of the notification, which stated that the Court of District Judge-1 is a special Court for the whole of Goa in the mining cases. The second part of the notification, wherein it has named Judge Edgar Fernandes as the Judge of the Special Court is clear that only the Judge named in the notification has the jurisdiction to try the mining cases”, informed sources in the know.
In view of the stalemate, sources pointed out that the extraordinary situation has been brought to the notice of Principal Sessions Judge, Irshad Agha to work out a solution. Sources said the Principal Sessions Judge may now write to the High Court for advice and guidance on how to go about the matter, more so when Judge Edgar Fernandes was notified as the Judge of the Special Court with concurrence of the High Court.
Incidentally, petitions to transfer the mining cases from South to North Goa Sessions Court are reportedly pending before the High Court. Even the state is believed to have sought transfer of the mining cases to North Goa over jurisdiction after the Special Court had discharged the accused in the Praful Hede case, including former Chief Minister Digambar Kamat.
While the Praful Hede case had ended up in the discharge of the accused in November 2020, sources in the know said trial in the remaining mining cases had reached an advanced stage of trial. The trial in the mining cases may resume after the High Court and the government comes clear on the Jurisdiction of the Special Court.
