MY FIGHT - THE FIGHT THAT WILL NEVER END by Adv. Aires Rodrigues, Ribandar

My fight against injustice started quite early in life. Only God knows where and when this long journey against injustice and social ills will all end. At the age of 10, I met Goa’s first Chief Minister late Dayanand Bandodkar to demand justice for my grandmother. She was residing at Altinho and was being harassed by her tenants. Bandodkar directed me to his daughter, Mrs. Shashikala Kakodkar who was then a state Minister in his cabinet.

My debut in public life began in 1979 when I was in the forefront of the very successful, 11 day State-wide student agitation that demanded a blanket 50% bus concession for all students. In 1979 the student community proved to be a formidable force that was able to challenge the then Government headed by Chief Minister Shashikala Kakodkar. It was the kindling of student activism in Goa. The powerful bus owner's lobby was being fully supported by the Shashikala Kakodkar Government. The student agitation spread from Pernem to Canacona and within 13 days of launching of the agitation the Shashikala Kakodkar Government decided to concede to the demand of the student community for 50% bus concession.

Mrs. Shashikala Kakodkar was never vindictive. Though I was a very close family friend of the Kakodkar family, Shashikala respected my right to oppose some of her government’s policies and decisions. And for this I still respect and hold her in high esteem. In spite of her busy schedule as Chief Minister whenever I was at her Porvorim residence at lunch time, Mrs. Kakodkar made sure lunch was served at her hands. She was more than a "Tai" to me. She was always and perhaps still is, very concerned about my wellbeing.

On 7th Jan 1979, during the same student agitation, Mrs. Shashikala Kakodkar was being felicitated at Azad Maidan on her 44th birthday by a committee headed by the late Mr. V.M Salgaoncar. As she was not conceding to our demand for 50 % bus concession we decided to demonstrate and disrupt her felicitation function. We were successful but sadly, VM Salgaoncar’s Mercedes car was badly damaged in that chaotic evening. It was just a coincidence that I later graduated in law from VM Salgaoncar’s college.

Over the years I have never hesitated to take on the rich and mighty over a wide range of issues. I have not shied away from pursuing a whole range of issues involving senior politicians to well-connected bureaucrats. Even the October 13th 2008 brutal attempt on my life at Ashok restaurant has not cowed me down. It was a miraculous escape having survived the gang of six armed goons.

In 1985, when the then Panjim Municipal Council (now CCP) had leased out Azad Maidan to the Delhi based All India Stall Holders Association to run a sale exhibition for eight months, I was able to move a petition before the Collector of Goa who directed the exhibitors to vacate Azad Maidan. The Collector’s decision was also upheld by the High Court.

On 7th March 1986, I used the judicial process to get the then Councillor of Panaji Municipal Council Adv. Amol Naik disqualified by the Director of Municipal Administration for having as a councillor appeared against the Municipal Council in violation of the Municipalities Act. Amol Naik was the Goa’s first municipal councillor to be disqualified.

In 1986 on Christmas Eve, during the Konkani language agitation, I was ordered to be detained by the then Chief Minister Pratapsingh Rane under the National Security Act. I was however ordered to be released by the Bombay High Court at Goa on New Year’s Eve.

Obviously my fight through judicial activism and head on collisions were impacting the powers that be. In the year 2000, my name figured in the Goa Government’s list of Goondas along with now Urban Development Minister Joaquim Alemao and current Education Minister Babush Monseratte. When I protested the authorities promptly deleted my name from the list stating that the name crept in by error.

When the then Chief Minister Pratapsingh Rane appointed his neighbour and family friend, the industrialist, late David Menezes as Chairman of Panjim Planning and Development Authority, I unsuccessfully challenged it through a PIL contending that David Menezes had no knowledge of Town and Country Planning. The matter was pursued right to the Supreme Court which did not intervene in the matter ruling that the appointment was the prerogative of the State Government.

The appointment of Mr. Esvonta Porobo as Chairman of the Administrative Tribunal without the concurrence of the High Court, as required by law was successfully challenged. Mr. Porobo resigned and was later re-appointed to the post after following the required procedures. However I was unsuccessfull when I challenged the appointment of the late Mr. Avinash Vaze as Chairman of Goa Public Service Commission, having to take it up right to the Supreme Court.

In 2001 when the then BJP Government introduced the Dayanand Social Security Scheme, the application forms were only available with MLAs. I pursued the issue before the High Court which directed that forms be made available to the public at government offices.

The BJP government’s attempt in July 2002 to appoint Mr. Dynaneshwar Pednekar as Director of Education was successfully foiled after I moved the High Court stating that a person who had fudged his daughter’s birth details could not be appointed as the Director of Education.

I pursued Public Interest Litigations demanding the elimination of stray dogs and industrial pollution at Cuncolim. Whereas, stray dogs continue to plague us, the pollution at Cuncolim is now under control and monitored.

Though a Roman Catholic this did not deter me from taking up in 2004 the issue of the alleged molestation of a minor girl by the then Parish Priest of Ribandar Church, Fr. Newton Rodrigues. As a reward I, along with 13 other residents of Ribandar have been charge sheeted for having entered the church and questioned the priest on the issue.

I also had to move the High Court seeking directions to the Goa Police to investigate the fraud at IT Habitat at Dona Paula. It also was my responsibility to highlight and expose the corruption indulged by Goa’s former IT and Urban Development secretary Mr. R.P.Pal and his wife.

The issue of the exorbitant fees being paid to the Advocate General of Goa Mr. Subodh Kantak has had to be vigorously pursued. After raising the issue, the Goa government has now slashed the fees payable to him. Mr. Subodh Kantak who was being paid an average of ten lakhs a month by the revised fees can now be paid a maximum of Rs five lakhs only. I will only rest when the Advocate General’s fees are further lowered and brought on par with other States. Advocate General Mr. Subodh Kantak filed a criminal defamation case and also a civil suit against me seeking 15 crores by way of compensation. The Civil suit is going on while in the criminal case filed by Advocate General Mr. Subodh Kantak against me was dismissed after he absconded from attending court. When I get down to penning my memoirs there will definitely be a chapter on my encounter with Subodh Kantak. It will undoubtedly be a very long chapter of my experience on taking on the might of the Advocate General of Goa with the Right to Information Act coming to my aid.

I have nothing personal against Subodh Kantak. Just as in a game of chess, we had to choose our moves in a legal battle that has been both fierce and sometimes bitter. “Subodh” stands for sound advice and “Kantak” for obstruction. For Subodh Kantak his every move seems to have backfired. But this is something he himself would have to reflect on. Maybe one day Subodh and I should get down to playing a real game of chess.

Along with Subodh Kantak, the conduct of High Court Public Prosecutor Winnie Coutinho also came under my scanner. It was obviously a serious matter that after departmental investigations concluded that Mrs. Winnie Coutinho was corrupt and incompetent she was allowed to continue as Public Prosecutor in the High Court due to the political patronage she enjoyed. Every allegation made against Mrs. Winnie Coutinho was based on documented evidence which I obtained from the Government itself under the Right to Information Act.

In keeping with Union Minister for Law and Justice Dr. Veerappa Moily’s stand that persons with doubtful integrity should not be made judges, Mrs. Winnie Coutinho’s name could not have been considered for appointment as Judge of the High Court or for any judicial position.

Mrs. Winnie Coutinho had a right to defend herself. But she chose to stay quiet and slip off into the wilderness by resigning as Public Prosecutor before she could be sacked. This was a clear admission of guilt. She knew very well that she had no case to defend.

Having exposed various acts of omission and commission by the Pratapsingh Rane family, I received a threatening call from the Health Minister Mr. Vishwajit Rane on 31st July 2007. The matter is now before the Supreme Court.

I also pursued the case against Education Minister Mr. Babush Monseratte who had lied on oath that he had passed SSC though having completed only 7th Std. The Court ruled that the objection could only be raised at the time the nomination papers were filed before the Returning officer.

The Bombay High Court of Goa on a public Interest litigation filed by me set aside the appointments of Mr. Francis Silveira and Mr. Nilkanth Harlankar as Parliamentary secretaries. The other issue of Cabinet status bestowed on EDC Chairman Mr. Agnelo Fernandes, Deputy Chairman of Goa Planning Board Dr. Wilfred De Souza and Commissioner of NRI affairs Mr. Eduardo Faleiro is before the Supreme Court.

The rampant political interference in the functioning of the police was challenged through a petition alleging that the transfer of then Panaji SDPO Mr. Sammy Tavares, was in violation of Supreme Court directives. The matter has been admitted by the High Court and is awaiting final hearing.

I have not feared to speak out against Judges too. I brought attention to the judicial impropriety of North Goa District Judge Ms Nutan Sardesai. It was improper for Judge Nutan Sardesai to have heard matters involving the interests of her former employer Industrialist Mr. Anil Salgaocar. It was contrary to judicial propriety and high standards of judicial ethics that is sought to be laid down by the Union Law Minister and the Supreme Court. She also heard a divorce matter relating to her own cousin brother. In view of her conduct, it is my opinion that Judge Nutan Sardesai should not be allowed to continue as a Judge.

Recently I was able to ensure that the Goa Cricket Association came within the ambit of Right to Information Act. It was a victory for transparency and accountability. All organizations benefiting from government largesse should voluntarily keep their affairs open for public scrutiny instead of having to be directed to do so. This was the intent of the Right to Information Act and we all have to fall in line.

I do not believe in being apolitical. However it is not necessary for everyone to enter into electoral politics. I am glad I do not possess the exotic qualifications one needs today to survive in politics. From the balcony of my flat at Ribandar, I can get a bird's view of Goa's plush Legislative Assembly across the river at Porvorim. I am glad that I am far away from the place many are aspiring to get to. My balcony is a good vantage point to watch the political circus. I like it this way.

Most of Goa’s ministers are totally unconcerned with the problems of the Aam Aadmi. They are just too busy fleecing the rich and trying to get rich themselves in any shape or form possible. But then it looks like Goans also don’t really care. We keep electing the very same people who are responsible for taking this state down the drain. I strongly believe that public funds and government machinery should not be misused for one’s personal benefit. One should not wine, dine and make merry at the cost of the State exchequer.

Over the years I have had the privilege of visiting many countries across the globe and most States of this great country of ours. In traveling out of Goa you get the feeling of how well Goans are respected. It is a learning experience that one should never miss.

I have nothing personal against anyone about whom I have raised issues over the last 30+ years. While highlighting an issue it is bound to hurt some individuals. I have hurt one too many. One has to have the spine to speak out against things that are wrong. I will continue to highlight any injustice that I see. Nothing shall deter me and my commitment. The risk of having one’s fingers chopped is a small price one may have to pay, but it’s worth the risk.

I am content that over the years I have been able to achieve a lot without being a Panch, Sarpanch, MLA or MP. One does not have to hold any position to serve those seeking justice. In recent years the Right to Information Act has been a big aid and a very handy tool in fighting for what is right and exposing the rampant corruption.

Looking back over the last over three decades, I do not regret having taken up any issue I did. At times one pays a heavy price and fighting public causes does take a toll on your family life. Having crossed 50, it may be time to slow down but I keep stumbling on new casualties. The latest being Goa’s retired IGP Mr. KD Singh and Ms. I.K.Jain, Registrar of Bombay High Court at Goa. You just need to keep up the spirit and keep on fighting. Life is a very short voyage, a journey, the end of which we know not. So let’s keep up the fight.

(the writer can be contacted on 9822684372 or airesrodrigues@yahoo.com)