The court affirmed that trial courts can compel the production of documents vital for justice, emphasizing that Court Martial proceedings are public unless explicitly restricted for national security.

JUDGMENT:

VALMIKI MENEZES, J.

1. his Petition challenges order dated 08.04.2024, passed by the District Court, South Goa, at Margao, allowing an application under Order XI Rule 14 and 18 CPC iled by the Respondent (Original Plaintif in Civil Suit No.30/2014). he Petitioners are the Defendants in the suit.

2. It is the claim of the Respondent/ Original Plaintiff in the plaint that he owned a fishing trawler, ‘Sea Messiah’ which ventured into the sea on 24.04.2013 from Cutbona Jetty, Salcete Goa having 29 fishermen on board, when on 25.04.2013, at about 4.30-4.45 am the Coast Guard Vessel ICGS Vaibhav, belonging to the Petitioner No.2, travelling at high speed rammed into it and split it in two, which resulted in the death of 6 fishermen by drowning, whilst some other members of the crew of the trawler were rescued by another fishing trawler ‘Yana Marine’. On the basis of information given by the Respondent on 25.04.2013 to the Cuncolim Police Station, an FIR No.64/2013 was registered on 26.04.2013 under sections 280, 427, 337 and 304A, IPC against the navigator of the vessel belonging to Petitioner No.2; pursuant to a complaint dated 30.04.2013 filed by the Respondent at the Yellow Gate Police Station at Mumbai, an FIR No.15/2013 on 30.04.2013 under section 337,427 and 304A was also registered.

3. It is the Respondent’s case in the plaint that since no action was taken, on 26.07.2013, he filed WPCR No.94 of 2013 before this Court, seeking direction for immediate action to be taken by Cuncolim Police Station and by the Petitioner Nos. 1 and 2 herein; the petition further sought details of the investigation carried out on the complaint. he Public Prosecutor therein informed the court of the Chargesheet no.252/PS/13 filed by Yellow Gate Police, before the Metropolitan Magistrate Ballard Pier, Mumbai, and thereafter the same was transferred to Coast Guard Court at Mormugao for Court Martial proceedings against K. Jannardanan, D.I.G. and P.V. Gopal, Commandant; vide order dated 23.09.2013, the Writ Petition came to be disposed of directing the Respondent to explore other alternative remedies whilst keeping all issues open.

Pursuant to issuance of a notice dated 25.10.2013 issued by the Respondent to the Petitioners, compensation was sought to the tune of Rs.3,69,07,000/- towards damages and expenditure incurred by him for loss incurred; thereafter, the Respondent on 10.07.2014 iled Civil Suit No.30/2014 in the District Court at South Goa, Margao. he Petitioners, who were arraigned as Defendants therein, jointly iled their Written Statement on 19.11.2014 opposing the suit and denying allegations.

4. At this juncture it is relevant to note that parallelly, since the vessel involved in the alleged incident belonged to the Coast Guard, the Petitioner, i.e. Defendant No.2 in the Suit instituted Court Martial proceedings under the Coast Guard Act, 1978 read with the Coast Guard (Discipline) Rules, 1983. hese proceedings were conducted before the Coast Guard Court and were instituted against K. Jannardanan, D.I.G. and P.V. Gopal, Commandant. In the Suit, the said Pappu Venkata Gopal was examined for the Defendants as an eye-witness to the incident.

5. In the course of the Court Marshal proceedings, the accused Commandant Pappu Venkata Gopal vide order dated 02.09.2015 was convicted and was imposed with a sentence of forfeiture of three years of seniority of rank for purpose of promotion and forfeiture of one year service for the purpose of pension. he other accused K. Jannardanan, D.I.G. by order of conviction