JUDGE DESMOND D’COSTA’S SUSPENSION by John Philip Da Silva Collaco California, USA

The unexplained suspension of Judge Desmond D’Costa has sent shock waves not only among Goans in Goa but across the world.  Anyone who knows Desmond will vouch for his incredible intelligence, his simplicity, his honesty and above all his ability and experience to dispense justice. The legal fraternity in Goa know and will bear this writer that Desmond enjoys an impeccable character in general and in particular as a judicial officer.
The suspension of Desmond is obviously a figment of somebody’s wild imagination. Whoever reported adversely on Desmond perhaps needs to see a psychiatrist and should be deemed incapable of making rational decisions and expelled from duties as a judge
Someone said "Power of Judiciary lies not in deciding cases, nor in Imposing sentences nor in punishing for contempt, but in the trust, faith and confidence of the common man". Obviously Desmond was well ahead of most judges of his time and emulated the best both in the present and past without succumbing to pressure and fear tactics.
It has been said that “Respect of Judiciary emerges from expertise to sieve out facts from fiction. Power of Judiciary does not lie in convicting criminals nor punishing for contempt but in the trust, faith and confidence of common man of getting justice by application of same norms, for poor or rich, by the courts“. Desmond epitomized all these characteristics of the judiciary.
Apparently Desmond may have refused to be compromise his integrity which resulted in swift and harsh retaliation of suspension. The existing judicial process is an unfair or ineffective procedure to discipline and remove corrupt judges and as in Desmond’s case can end up being used instead for the removal of independent, upright and progressive judges.
Desmond has always been simple, judicious and gracious to a fault. Not the type to bend to pressure or succumb to corrupt system, the Government, the Police and a unscrupulous breed of Judges who need excuses for their combined inability to pin down a serial killer, to expeditiously dispense justice to the innocent before being proven guilty beyond doubt.
Desmond exhibited the acumen, the wisdom and the courage to rightfully expedite the serial killer case. Mahanand Naik in all probability is a scapegoat for the Government and Police’s inability to solve the unabated rise in crime rate in Goa. Hence the resentment, the vengeance and ultimately suspension, by the intellectually incapacitated judicial official, of a luminary and progressive Judge that personifies Desmond D’Costa. The suspension violates every principle Of the law.
Shame all this stink has spread beyond Goa.

8 comments:

Damodar Bakre said...

The article is nicely written and rightly emphasises the need for the judiciary to take such actions so as to enhance the dwindling credibility in the whole system in the eyes of the common man. The hasty action of punishing a Judge most respected by the Lawyers and the common man--gives rise to a strong suspicion whether some black sheep in the system are trying to penalise honesty and integrity...
A strong need for the system to look within to identify the black sheep to restore the shaken confidence of the common man in the system....

diogofichardo said...

John I couldn't have put it better, I have known Desmond as a Student he never had an ounce of bad in him. He fought for the students rights without fear of the politiciansand the transport operators. They say people change with time, but every person I have spoken to, have vouched that he hasn't changed. In fact he was a thorn in the backside of those that are involved in wrong doing. Our crooked Ministers control Goa's Judicial system too. The time is ripe NOW for Goans to stand up and be heard, not only the injustice of Desmond but entire corrupt political system we have in Goa. Goa needs a strong Foundation for a better change.

Dalia said...

Do not give up, the people of Goa are up in arms against injustice. John, thanks for bringing the article in this forum to educate us.

Sandesh Gaonkar said...

Why do the courts not suspend the corrupt politicians of Goa who are ministers. These fellows loot openly cannot the high court see this? Instead of suspending an honest judge, the high court should suspend first all the Goan politicians and bar them from contesting the next elections.

Salvador Seraulim said...

With the invasion of Goa came corruption knitted in the blood of the Indians. This virus has infected Goan politicians and elected members who Govern us. Our ministers are puppets to the central Governments who are corrupt to the core. Many members of our judicial system are infected with the same corrupt virus, those Like Desmond who are not affected are penalised for not being party to infected virus. Goans must stand up and demand a change for the better, better more by kicking the corrupt ministers out of power.

Shubash Raikar Panjim said...

Sandesh Gaonkar, The courts will not support the corrupt politicians because some of the corrupt Judges are on the politicians pay roll, free holidays, booze and women. The decent law abiding Judges Like Desmond become victims. You are right these Goan criminal politicians should be put on the River princess and blown up.

Gurudas Lotlikar Margao said...

Goa is becoming a laughing Joke in the eyes of the world. Goans From being classed as the honest and God fearing in the past now match the corrupt Indian Invaders. Justice is no longer blind in Goa and can be easily bought. But those that cannot be bought are either suspended or transferred elsewhere. Desmond you will be supported through the rough justice handed over to you. We Goans are with you, you will make a better CM if you stand up for the next elections.

Anand Desai Mopa said...

The need to eliminate our current 40 chors MLAs must be a priority. Law and order in Goa is losing its pace, those who are supposed to protect us are not honest. But when an honest person comes up he or she is suppressed either by suspension or transfers. such is the case of Honest Desmond. If we do not stand up to the wrong doers, we will stay slaves to these corrupt elements. The only obstacles in our fight are The south of Goa Political crumb eaters followed by the north.

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