Fr. Chico Monteiro was neither pro-Portuguese nor anti-Indian.  He was 
principally:  pro-principle.  The principle pertaining to one’s solemn right to 
existence and survival in one’s place of birth.

If politics has the unilateral might to discolor or undo that legitimate right, 
then, Fr. Chico – as a conscientious objector – was merely exercising his right 
and established his legitimate right by forever sacrificing his freedom.

POSTSCRIPT:  Fr. Chico Monteiro did not perish in a maximum security jail in 
Patiala where he was contained in solitary confinement for the better part of a 
year.  He died in 1990, in a parish in Alto Porvorim for “aged/retired priests” 
– overshadowed by a Supreme Court edict (circa 1965), wherein, he was permitted 
to live in Goa but not leave.

Dom Martin

_________
Date: Mon, 27 Mar 2006 03:09:48 +0530 From: "Frederick Noronha (FN)" <1. [EMAIL 
PROTECTED]> Subject: [Goanet] Re: Re: Heinous crimes, Freedom Fighters & 
Missing Something . To: goanet@goanet.org Message-ID: <[EMAIL PROTECTED]> 
Content-Type: text/plain Floriano Lobo wrote: > I can prove to you that at 
least one person who had been lodged in > Aguada jail for mis-appropriating the 
neighbour's property came out to > declared himself a freeeeeeeeeeeeeedom 
fighter. That's fine. I don't doubt that. Freedom fighters have themselves been 
saying that (some) people who don't deserve the label have been included in 
their ranks. The case of the RSS members being packed in by the recent BJP 
government is a case in point too. That's political. But what I see as 
questionable is the attempt to by crypto-colonialists to support Portuguese 
rule by delegitimising ideas of freedom or pouring scorn on the entire class of 
freedom fighters (as if there was no idealism among them). This is what some 
are aiming at. > This is just that you know that when I say 'most' it remains 
'most and does > not become 'all' . Most? You are citing one case and then 
moving to "most". Is there some reason or evidence to make such a statement. Is 
it just your feeling? Could you cite some numbers? Or is this just an 
opposition politician shooting from the hip (as Manohar Parrikar also tends to 
do these days... and even did while he was in power!) > BTW if I was tht 
General Candeth at the time of Goa's so called liberation > (which is not), I 
would have set up a judicial bench to identify criminals > from freedom 
fighters before I threw open the prison gates. That would be > the 
responsibility of the liberating forces. This has not happened and > therefore 
I consider that Goa was not liberated but INVADED. If you, > however, ever get 
a hangover over this statement of mine, please let me > know. Then, in that 
case we shall have to refer to the order of the > SUPREME COURT OF INDIA may 
have stated just what I have stated re the > liberation of Goa. I think you are 
getting carried away by your rhetoric. The intent of the 
Goa-was-invaded-because-the-Supreme-Court-said-so argument is clear the moment 
one looks where it is coming from. It is the Lusostalgic class that has either 
never reconciled themselves to a perceived (and possibly real) loss of colonial 
priviledge, or it comes from those bleeding hearts who live thousands of 
kilometres away from Goa and need some rationale to explain why they are so far 
from that spot of earth they claim to love so much. Also the 
Goa-was-invaded-because-the-Supreme-Court-said-so argument has been repeated ad 
nauseam and needs to be challenged. (Just like the 
Goa-missed-two-Five-Year-Plans-and-hence-deserves-more-aid rubbish.) Don't mix 
legal phraseology with the terminology of political science. In the famous 
"Chico" Monteiro case (where a Catholic priest opted for Portuguese citizenship 
after 1961 and then sought the right to stay on in Goa, without any regulation 
by the government) the issue was neatly framed, should we say, by a Queen's 
Counsel Edward Gardner, Q.C., who was interestingly made available by the 
Salazar regime to the priest. In the 20th century global context of 
decolonisation -- specially in Asia and Africa -- a large number of colonial 
powers simply accepted that the sun had indeed set on their empires, and went 
home. But the Portuguese were an exception. Gardner QC and the battery of 
lawyers for Fr Monteiro -- A. Bruto Da Costa, M. Bruto Da Costa, P.C. Bhartari, 
A.K. Varma and J.B. Dadachanji -- sought to make the case that the "Occupying 
Power" is bound by certain articles of the Geneva Convention! Quite a twist to 
what could have been a not-so-unhappy ending of the sojourn of the first 
European colonial power in Asia of this millennium. Are the words being cited 
properly? The Supreme Court of India uses the word "annexation" in a legalistic 
sense, shorn of the connotations it would have in say Political Science. It 
also said in the 'Chico' Monteiro case: "In the Hague Regulations to which the 
Geneva Conventions were supplementary the definition of "occupation" shows that 
a territory is considered as occupied when it finds itself in fact placed under 
the authority of a hostile army. This means that occupation is by military 
authorities i.e. belligerent occupation." If you want to know how legal and 
technical the arguments were, just read this (the judges quoting the Queen's 
Counsel): "He concedes that the war of liberation of Goa and the annexation 
were lawful but he contends that annexation does not deprive protected persons 
of the protection." Or, "Annexation may sometimes be peaceful, as for example, 
Texas and Hawaiian Islands were peacefully annexed by the United States, or 
after war, as the annexation of South Africa and Orange Free State by Britain." 
[Thanks to the Internet, the ruling is available online at 
http://tinyurl.com/zunvu See it for yourself.] By taking words out of context, 
a handful seem to be keen to start a quarrel where none exists. It is odd to 
see someone like Floriano accept this logic. Had he won a seat, I am sure he 
would have been more than willing to swear to uphold the "soverignity and 
integrity" of India, and stand by a parliamentary system that is more suited to 
the needs of the mercantile classes of seventeenth century Britain than the 
commonman (and woman) of today's South Asia. I am definitely no great fan of 
the Indian state, and believe it has a long, long way to go before it can 
become even remotely democratic (as in, serving the needs of the average 
citizen). But, on the other hand, supporting moribund colonialism is not my cup 
of tea either. As far as the post-1961 record of Goa is concerned, it very 
consoling to blame New Delhi for everything that has gone wrong. Without, of 
course, looking at the local contributions to the problems or whether Goa would 
have been better off as some banana republic killing its own citizens as they 
fight over their unsorted conflicts and contradictions (like a Nepal, a Haiti, 
or even a casino-and-triad dominated Macau). FN PS: I'm no lawyer, and have no 
specialist domain in this field. But it's time someone called this bluff... if 
we repeat it often enough, we just might get around to believing it


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