1 IN THE HIGH COURT OF BOMBAY AT GOA SUO MOTU CONTEMPT PETITION NO. 10 OF 2002 IN PIL WRIT PETITION NO. 212 OF 2000 .... Petitioner V/s 1. State of Goa, through Chief Secretary, Secretariat, Panaji, Goa. 2. Director of Fisheries, Directorate of Fisheries, Panaji, Goa. 3. Shri Osvi Viegas, General Secretariat of All Goa Mechanized Fishing Boat Owners Association, Glendela, 3rd floor, Opp. Azad Maidan, Panaji, Goa. 4. Shri Francisco X. Rodrigues, H.No. 1225, Non-Mon Dempo Bhat, Vasco, (Reg. No. MAR-35-DF, Name of Boat St. Constancio). 5. Shri Raghu B. Naik, Mahem, Nerul, Bardez, Goa, (Reg. No. MAR 289-DF, Name of Boat St. Trindada). 6. Smt. Yamini Bhandari (Naik), H.No. 14, Near Foortball Ground, Vasco, (Reg. No. MAR-328-DF, Name of Boat Priyanka). 7. Shri Sanjiv Shriyan, R.No. 5, Pinto Chawal, Kharivada Vasco, (Reg. No. MAR-428-DF, Name of Boat Anju Paster). 8. Shri Peter Paul Marshal, Khariwada Vasco (Reg. No. MAR-355-DF, Name of Boat Durga Parmeshwar). 9. Shri Vasudev Mesta, H.No. 526, Malim Betim, Bardez, Goa (Reg. No. MFR-1198-DF, Name of Boat Dhan Shree). 10. Shri Jose Nichlou D'Souza, H.No. 265, Near Tilak Maidan, Vasco (Reg. No. MFR-1233-DF, Name of Boat Prita). 11. Shri Manuel Silveira, H.No. 38, Dandi Agacaim (Reg. No. MFR-1242-DF, Name of Boat Lepoldina). 12. Shri Luis Amarao D'Sa, H.No. 773, Villa Pinto Malwaro, Agacaim, (Reg. No. MFR-1394-DF, Name of Boat San Paulo). 13. Shri Roquizinho P. Vales, H.No. 92, Sancoale, Sariond, Cortalim, (reg. No. MFR-1485-DF, Name of Boat Vailankini). 14. Shri Jose D'Souza, H.No. 133, Non-Mon 2 Dempo Bhat, Vasco (reg. No. MFR-1605-DF, Name of Boat Dulcina). 15. Smt. Carmina D'Souza, H.No. 186, Kharewada Vasco (Reg. No. MFR-516-DF, Name of Boat St. Michel). 16. Shri Devidas S. Shorodkar, H.No. E-35, Patto, Bab Niwas Ribandar (Reg. No. MFR-737-DF, Name of Boat Jaldevi). 17. Shri Caitan Gurjao, Pixem Dongrim, Vasco (reg. No. MFR-804-DF, Name of Boat St. Bostiao). 18. Shri Joaquim S. Cardozo, H.No. 56, Non-Mon Saibin Bhat, Vasco (Reg. No. MFR-1199-DF, Name of Boat Jackstar). 19. Shri Vilas Karangate, H. No. 124, Velsao, P.O. Cansaulim, (Reg. No. MFR-1332-DF, Name of Boat Hazel). 20. Shri Pedro Rodrigues, H.No. 469/1, 4th Ward Colva, Salcete, Goa. (Reg. No. MFR-1315-DF, Name of Boat Royal Sea). 21. Shri Joaquim Pires, La Pires Mansion, Adarshnagar, Airport Road, Vasco, (Reg. No. MFR-1383-DF, Name of Boat Goan Beauty). 22. Shri Antonio S. Pires, H.No. 245, Firguem Bhat Siridao, Tiswadi (Reg. No. MFR-1519-DF, Name of Boat Joanita Beauty). 23. Shri Inacio Fernandes, Serlabhat St. Lawrence, Agacaim (Reg. No. MFR-471-DF, Name of Boat St. Peter). 24. Shri Adam ali, H.No. 232, Khariwada Vasco (Reg. No. Not alloted). 25. Shri Hedwiz Carvelho, H.No. 6, Near Baina Church, Vasco (Reg. No. MFR-906-DF, Name of Boat Vailankini Star). 26. Smt. Sacramenta Fernandes, Sacramenta Bldg. Bazarwado Cansaulim (Reg. No. MFR-1521-DF, Name of Boat Sacramenta). 27. Shri August Fernandes, H.No. 25, Kantem Baina, Vasco (Reg. No. MFR-819-DF, Name of Boat Sea Bird). 28. Shri Harischandra Aigel C/o. Pushpanjali Bldg. Opp. Pushpagandha Society Vasco (Reg. No. MFR-807-DF, Name of Boat Kuber). 29. Shri Conceicao Pereira, C/o. Ricon Transport, Dr. F.L. Gomes Road, Vasco-da-Gama, 3 (Reg. No. MFR-514-DF, Name of Boat Simple Simon). 30. M/s. Vaz Fisheries, St. Anthony Bldg. Airport Rd. Chicalim, Vasco-da-Gama, (reg. No. MAR-249-DF, Name of Boat Sea Hawk). 31. Shri Adam Abdulla Shaikh, H.No. 245, Ward III, Kharewado, Vasco (Reg. No. MAR-325-DF, Name of Boat Mobean). 32. Smt. Eliza G. Fernandes, H.No. 5/37A, Maddowado, Calangute-Goa. (Reg. No. MFR-1298-DF, Name of Boat Living Water). 33. Shri Anthony M. D'Souza, H.No. 624/C, Co-operate Colony, Dona Paula, Ilhas Goa (Reg. No. MFR-1262-DF, Name of Boat Sea Coral). 34. Shri Mahadev Suvarna, Vasco-da-Gama, (Reg. No. MAR-1968-CF, Name of Boat Shri Malika Devi). 35. Smt. Mariana Fernandes, H.No. 25, Kante Baina, Vasco (Reg. No. MFR-1592-DF, Name of Boat Steel Bird). 36. Shri Minguel Cardozo, H.No. 72, Pixem Dongri, Vasco-da-Gama, (Reg. No. MFR-1268-DF, Name of Boat New Bird). 37. Smt. Carmelina Cabral, H.No. 208, Kate Baina, Vasco-da-Gama, (Reg. No. MFR-140-VSC, Name of Boat St. Milagris). 38. Smt. Ana Maria Lobo, H.No. 100, Kante Baina, Vasco (Reg. No. MFR-196-VSC, Name of Boat Jesus). 39. Shri Andrew F. Gujrao, H.No. MHN-42, Kate Baina, Opp. Sea Shell bar, Vasco (Reg. No. MFR-238-VSC, Name of Boat St. Andre). 40. Shri Hassan Moosa Shaikh, H.No. 343, Kate Baina, Vasco (Reg. No. MFR-252-VSC, Name of Boat Muheer). .... Respondents Mrs. Norma Alvares, Amicus Curiae. Ms. L. Dharwadkar, Addl. Govt. Advocate for Respondents No.1 & 2. Mr. A.D. Bhobe, Advocate for Respondents No. 4 to 11, 13 to 18, 20 to 36. CORAM : R.S. MOHITE, J. DATE : 5th JULY, 2007 4 ORAL JUDGMENT : This is the petition which arises out of the Suo Motu Contempt notice issued by this Court on 01/08/2002. On perusal of the said order it is seen that this Court vide its order dated 20/07/2000, as continued from time to time, had imposed complete ban on mechanized fishing with reference to notification dated 15/08/2000. During the continuance of the ban imposed by this Court, mechanized trawlers of about forty fisher men came to be seized by the Coast Guard and the allegation was that they were violating Court's order. During the pendency of this Contempt Petition, the main PIL Writ Petition being PIL Writ Petition No. 212 of 2000 came to be disposed of finally by judgment and order of this Court dated 24/09/2002. In the said Writ Petition final directions were given by this Court and complete ban was imposed from the period 10th June to 15th August or Narali Poornima, whichever is earlier. Direction was given that State of Goa should strictly implement ban against all kinds of mechanized vessels used for fishing and further directions were given to ensure that the ban as per the direction of the Court was effective. 2. This Contempt Petition, however, has survived the disposal of the main PIL Writ Petition No. 212 of 2000. I perused the reply which has been filed on behalf of the trawler owners. They contend that they were not parties to the main Writ Petition. They further contend that their trawlers were 5 capable of taking them beyond the territorial waters of the State of Goa i.e. much beyond 12 nautical miles from the coast line of Goa. It is their case that they were fishing in the deep sea and their trawlers were apprehended by the Coast Guard while they were returning from the deep sea fishing. There is nothing on record to controvert this version. When the factual position as mentioned in affidavit in reply is not controverted, it will not be possible to hold the Respondent Nos. 3 to 40 guilty of contempt. 3. It may be stated that on behalf of All Goa Fishing Boat Owners Association an undertaking dated 14/01/2003 was given to this Court and under the said undertaking the President of the said Association has agreed to cooperate with the enforcement of the fishing ban as propounded by the order dated 20/07/2002 passed by this Court. 4. In the circumstances, the Contempt Petition is disposed of. Needless to say that the State of Goa will actively ensure that the directions given by this Court in the final judgment and order passed in PIL Writ Petition No. 212 of 2000 are strictly complied with. R.S. MOHITE, J. NH/-