*Goa: Rodrigues to take up Advocate General contempt issue with HC* *11/2/2009* A peculiar situation is emerging in the annals of law with social activist Advocate Aires Rodrigues initiating contempt proceedings against Goa Advocate General Subodh Kantak.
As per Section 15 of Contempt of Courts Act 1971, a Criminal contempt can be initiated by any person only with the written consent of the Advocate General of the State. ‘The framers of the Act may not have visualised a situation where contempt proceedings would be initiated against an Advocate General himself,’ Mr Rodrigues said today. Mr Rodrigues will initiate the proceedings when the Bombay High Court bench at Goa opens tomorrow after Diwali holidays. The proceedings were for allegedly making ‘false, reckless and baseless allegations’ against Justice N A Britto of the High Court in the Special leave Petition filed by Mr Kantak in the Supreme Court, which he later withdrew. It is for the first time in the country that contempt of Court proceedings are being initiated against an Advocate General for making allegations against a High Court Judge. The legal point that arises is whether the Advocate General can give consent for contempt proceedings to be initiated against him. ‘In view of the peculiar circumstances, I would request the High Court to dispense with the written consent of the Advocate General as otherwise required by law,’ he said. The Advocate General has to appear and plead in all matters on behalf of the State of Goa before the very judge he allegedly made allegations against in the Supreme Court. Justice N A Britto along with Justice V K Tahilramani will comprise the Division Bench tomorrow. UNI
