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Goa government's fate hangs in balance before Bombay high court

Sandesh Prabhudesai in Panaji

Goan Chief Minister Dr Wilfred de Souza's moment of truth will arrive tomorrow, August 18.

On Tuesday, a Bombay high court bench would decide on a stay order which disqualified Dr de Souza and nine of his colleagues from voting in the Goan assembly, and the governor's order dismissing the Pratapsing Rane government on July 29.

In effect, thus, the bench would be pronouncing whether Dr de Souza's new coalition government would continue in power or not.

The chief minister's deadline to prove his majority in the House expires on Wednesday.

For Dr de Souza, a stay on their disqualification alone would not do. His government would survive only if the court prohibits the speaker from hearing any petitions of similar nature till the disposal of the case.

Another disqualification petition has already been filed before the speaker with a request to restrain the de Souza group from voting on the confidence motion.

In the House of 40, Dr de Souza is left with only 13 legislators after the disqualification. The Congress has 17 members on its side, including two independents.

Thus, the chief minister can win the motion only if the high court tells the speaker not to pass any further interim order restraining Dr de Souza and his men from voting.

The chief minister's petition challenging the speaker's order, which was passed on August 14, was taken up for hearing on Monday.

Citing an emergency, Dr de Souza's counsel Ashok Desai succeeded in getting the matter taken up for hearing on Monday morning.

The order was served only during the court proceedings in the afternoon.

Though Desai prayed for an immediate stay, the speaker's counsel Atmaram Nadkarni opposed it arguing that no stay order can be passed without reviewing the disqualification order.

If the high court does not grant a stay on disqualification, Dr de Souza has asked the court to direct the governor to give him more time to prove his majority.

Equally important for the future of the coalition government is the high court's decision on Governor J F R Jacob's order dismissing the Congress government of Pratapsing Rane and installing Dr de Souza as the new chief minister. Its marathon hearing was completed last week.

The new government is supported by the Maharashtrawadi Gomantak Party. The Bharatiya Janata Party props it up from the outside.

Meanwhile, Shantaram Naik, president of the Goa Pradesh Congress Committee was today manhandled by a group of irate persons, and his face painted with black colour.

The incident occurred when Naik, also an advocate, visited the high court where the Chief Minister Wilfred de Souza's disqualification petition was being heard, and then came to the town for having tea at a restaurant.

Naik escaped unhurt, but his pair of glasses fell down and shirt was totally spoiled. He was badly roughed up, he said. Later, he lodged a police complaint and exhibited his shirt to reporters.

Naik said on August 9 (the Quit India call anniversary) he had made a remark that the successor of Nathuram Godse would unfurl the national flag at Red Fort, but that he did not mean any insult to Prime Minister Atal Bihari Vajpayee.

He said he was provided police protection at his residence in Margao last week, but he had requested the police to withdraw it. Naik further said he and his family were receiving threatening calls.

Additional reportage by UNI

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