Case Note & Summary
The Bombay High Court at Goa disposed of a suo motu Public Interest Litigation (PIL) registered as PIL (Suo Motu) No. 1 of 2017. The Court took cognizance based on a newspaper article highlighting the need for an English translation of the Portuguese Civil Code, 1869, which continues to be in force in the State of Goa. The Court issued notice to the State Government to ascertain the availability of the translated copy. The learned Additional Government Advocate (AGA), appearing on behalf of the respondents, submitted that the translation was not yet available but that the State Government would take effective steps, though time and expertise were required. The Court accepted the State's submission and disposed of the PIL, directing the State and concerned departments to take effective steps as early as possible to complete the translation and publish it in the official gazette within a reasonable time. The Court also referred to the earlier decision in Advocate Joaquim Godinho v. State of Goa, 2002 (2) Goa L.T. 289, noting that the Government was already aware of the requirement and had been taking steps for translation. The judgment was delivered by a Division Bench comprising Justice Anoop V. Mohta and Justice Nutan D. Sardessai on 24th March 2017.
Headnote
A) Public Interest Litigation - Suo Motu Cognizance - Translation of Portuguese Civil Code - The High Court took suo motu cognizance based on a newspaper article regarding the need for an English translation of the Portuguese Civil Code, 1869, which is still in force in Goa. The Court directed the State Government to take effective steps to complete the translation and publish it in the official gazette within a reasonable time. (Paras 1-5) B) Translation of Statutes - Official Translation - Portuguese Civil Code, 1869 - The Court noted that the translation was not yet available and accepted the State's submission that time and expertise were required. The Court hoped the Government would expedite the process and publish the translation. (Paras 2-3) C) Precedent - Advocate Joaquim Godinho v. State of Goa - 2002 (2) Goa L.T. 289 - The Court referred to this earlier decision to note that the Government was already aware of the requirement and had been taking steps for translation. (Para 4)
Issue of Consideration
Whether the State Government is required to provide an official English translation of the Portuguese Civil Code, 1869 for the benefit of the public and legal system.
Final Decision
The Public Interest Litigation is disposed off. The State and concerned Department to take effective steps as early as possible to complete the translation and publish it in the official gazette within a reasonable time.
Law Points
- Public Interest Litigation
- Suo Motu cognizance
- Translation of foreign language statute
- Official Gazette publication
- State Government obligation
