17th December 2011
To, Mrs. Sonia Gandhi Honourable Chairperson of UPA & President of India National Congress SUB: PETITION AGAINST IRREGULARITIES AND MALPRACTICES BY ADVOCATE GENERAL OF GOA, MR SUBODH KANTAK Dear Mrs. Gandhi, Greetings and Welcome to Goa Kindly permit me to draw your attention to the very serious misdeeds and irregularities committed by Goa’s Advocate General Mr. Subodh Kantak and to seek your kind intervention in the matter. The good reason for approaching you with this matter is: -- It is your party’s Government and Chief Minister who appointed this Advocate General and, despite knowing of his many demeanours, refuse to take remedial action. As a result, it is not only the people of Goa who are suffering, but also the image of your party as well. Madam, it is well within your competence to order to set this matter right. The Goa Government has allowed Advocate General Mr. Subodh Kantak to recklessly and fraudulently bleed the State exchequer. Mr. Subodh Kantak has been paid over rupees five crores in the last five years making him India’s highest paid Advocate General. Madam, you would be surprised to know that the present Advocate General of Goa is being paid much more than the President of India and the Chief Justice of the Supreme Court, consequently converting the office of the Advocate General into a commercial venture to drain the State exchequer. In an instance of gross over billing, Mr. Subodh Kantak appeared before the Bombay High Court at Goa on 27th January 2006, in the bail applications of 102 accused in the Saleli case. Though the fees applicable was a mere Rs.8000 for a single hearing, he was paid rupees Eight Lakhs Sixteen Thousand, i.e. Rs. 8000/- for each of the 102 applications, although it was a common argument. The then Governor of Goa Mr. S.C.Jamir had written to the State Government expressing his grave displeasure on this issue. However, no action against Mr. Subodh Kantak has been taken till date and the excess amount paid to him has also not been recovered by the State. It may be noted that the then Governor S.C. Jamir had appointed a Special Legal Adviser at Raj Bhavan. This was obviously because he had no faith and trust in the legal advice of Advocate General Mr. Subodh Kantak. May I also draw your attention, Madam, to the fact that no action has been taken despite Goa Government’s repeated assurances that the Advocate General’s fees would be slashed and brought on par with the AG’s of Maharastra, Karnataka and Gujarat. Due to the unsound legal advice given to the Government by Advocate General Subodh Kantak, almost every decision taken by this Government has been challenged before the Courts with most of the Government decisions being quashed and set aside. On Oct 29th last year the Bombay High Court forwarded to the Chief Secretary of Goa the complaint of alleged professional misconduct by Advocate General Subodh Kantak for having appeared before the High Court for a private contractor in a case where the Goa Government was also a party. A copy of the letter is annexed. After an inquiry conducted by the Chief Secretary, in a virtual castigation of his professional misconduct, the Goa Government by a written order has directed Advocate General Subodh Kantak to refrain from accepting any case from private parties even where the State Government is just a formal party and even if no relief is sought against the Government. The order issued by the Under Secretary Law on behalf of the Governor of Goa states that the most important duty of the Advocate General is to maintain a high level of dignity and honour while keeping the position of Advocate General above board and free from any aspersions or criticism. A copy of the order is annexed hereto On several occasions the High Court has frowned upon the conduct of Mr. Subodh Kantak and his team of Government Advocates and the functioning of the Office of the Advocate General. One such castigation is an order passed on 17th October 2005 by a bench of the Bombay High Court at Goa headed by Justice R. M. Lodha in Writ Petition No 539/2004. A copy of the order is annexed hereto Two complaints of professional misconduct are pending against Mr. Subodh Kantak before the Bar Council of Maharastra and Goa. A complaint filed by a Chartered Accountant Mr. Devdas Pai and another complaint filed by me. Flouting all procedures and selection norms, Mr. Subodh Kantak has also appointed members of his family and friends in the Advocate General’s office. Mr. Subodh Kantak has done irreparable damage to the high constitutional post of Advocate General by his overall professional misconduct and by violating legal ethics. Sadly, the honourable legal profession has become a game of cricket, with match-fixing being the rule of the day. Favourites are being selected to appear for private parties and support is assured to such favourites. The ‘cricket club’ has become a disgrace, tarnishing the image of the Congress party in the State. In the interest of the public, and knowing well that you are committed to eradicate corruption and have a Government that brings good name and image to the State and to the country, I seek your kind intervention, to direct the Goa Government to remove Mr. Subodh Kantak and appoint in his place an honest, upright and a competent Advocate General. Please, do not give cause for people to think that you too failed the people of Goa. Looking forward to your prompt action in the above. May I take this opportunity to wish you Madam, A Happy 2012. Yours Sincerely, Advocate Aires Rodrigues T1 - B30, Ribandar Retreat Ribandar - Goa - 403006 Mobile: 9822684372 --------------------------------------------------------------------------- Protect Goa's natural beauty Support Goa's first Tiger Reserve Sign the petition at: http://www.goanet.org/petition/petition.php ---------------------------------------------------------------------------