AIRES RODRIGUES Vs. SUBODH KANTAK

JUDGEMENT

(1.) This petition has been filed by the accused who is facing trial under Section 499/500 I.P.C. and is directed against the orders of the Learned J.M.F.C disallowing three questions as irrelevant. When grammatically corrected, they are as follows: Is it not true that amongst the constitutional functionaries of State of Goa as well as the Executives of the State Government you are the highest paid Officer of the Government, per month Can you name any officer of the Government of Goa by designation who draws a sum equivalent to the average monthly remuneration paid to you Is it true that the Bombay High Court at Goa on various occasions expressed concern as to your conduct and performance as the Advocate General

(2.) The complainant is the Advocate General of the State of Goa and the accused is practicing Advocate, and though both ought to have been at the Bar and appearing for their clients, they have chosen, either by choice or compulsion to be in the witness box and the dock, respectively.

(3.) The complainant claims that he s in legal practice from August, 1987 and became Advocate General from 11.02.05 to 5.3.05 and again from 15.6.05 and continues till date. The complaint is based on certain statements allegedly made by the accused at a press conference held on 29.3.08 and which were reported on Marathi Daily "Gomantak" dated 30.3.08 and when translated read as follows:" The Governor S.C. Jamir in public interest should immediately dismiss Subodh Kantak who has shamed the Constitutional post of the Advocate General. Inquiry should be conducted into the bills submitted by Mr. Kantak and extra money paid to him should be recovered. Shri Kantak is paid Rs. 8000/-per day per case even if the case is adjourned at his request".