WILL JUDGE IRSHAD AGHA BE ELEVATED TO THE HIGH COURT SOON? By Dr Olav Albuquerque

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WILL JUDGE IRSHAD AGHA BE ELEVATED TO THE HIGH COURT SOON? By Dr Olav Albuquerque

NOT many are aware that when Goan lawyers are being considered for elevation to the high court, the ratio of two-third lawyers who regularly argue in the high court versus one-third from the subordinate judiciary who have already become principal district judges, is maintained for elevation. Going by this convention, more lawyers than judges from the subordinate judiciary succeed in being elevated to the high court.
Former Maharashtra advocate-general Ashutosh Kumbhakoni resigned as a high court judge in Mumbai, when his letter to the President to restore his seniority above that of judges elevated from the subordinate judiciary was ignored.
Justice Bharat P Deshpande who was a PDJ in south Goa many years ago, retired as a high court judge in December 2024, leaving a vacuum which needs to be filled. Justice Mahesh Sonak, brother of late renowned activist-advocate Satish Sonak, was the guardian judge for the subordinate judiciary in Goa. Famous for upholding Constitutional values, he was transferred as chief justice of the Jharkhand high court on January 8, 2026 where he will retire this year if not elevated to the Supreme Court. Irshad Agha who is presently Registrar (Judicial) was supposed to have been elevated as a high court judge from Goa, but he continues as Registrar (Judicial). If elevated, he will be an asset to the judiciary.
Elevation to the high court requires legal knowledge coupled with a balanced judicial temperament which includes patience, courage, and a passion to uphold constitutional values. After spending several decades in the trial court recording evidence and closely watching the demeanor of witnesses who step into the box and those accused of serious crimes like rape, murder and arson, only two judges attain the post of Principal District Judge (PDJ). Irshad Agha has been occupying that post for several years.

DEMEANOR OF DETACHMENT
A PDJ like Irshad Agha writes the annual confidential reports of magistrates, who are subordinate to him in his district and evaluates transfer applications made by litigants, who feel they have had a raw deal from the chief judicial magistrate or judicial magistrate first class who is subordinate to the PDJ. Hence, a PDJ has to maintain a demeanor of detachment, calmness and aloofness – known euphemistically as the equanimous mind taught by Vipassana meditators.
PDJ Irshad Agha officiated as the head of the district judiciary in both south Goa as well as north Goa and knows the strengths and weaknesses of all the subordinate court judges and magistrates in Goa. Recently, Judge Vijaya Ambre, an equally competent judge was notified as the PDJ of North Goa, while Judge Irshad Agha was notified as the Registrar (Judicial) of the High Court of Bombay at Goa in Porvorim.
Agha was designated as a special judge for cases involving politicians such as MLAs and ministers in Goa accused of corruption – and in one sensitive case, of allegedly raping a child. The minister was acquitted because the child-victim made a volte face while deposing. The very fact that he was designated as the special judge to hear such high-profile cases silently speaks of the immense confidence reposed in him by the high court.
When questions arose over the transfer of designated judges handling matters against public figures, Agha’s earlier tenure handling ultra-sensitive cases against law-makers who turned law-breakers went in his favor. Judges must be seen in public as agnostics because the Indian Constitution supplants their conscience and their God who must be worshipped only in private.

DISTINGUISHED JUDGES
EVEN distinguished judges like the former CJI, DY Chandrachud, did not appreciate this when he publicly declared that after praying to his family deity, he was inspired to presumably write the unanimous Ayodhya verdict. This provoked senior advocate Dushyant Dave to quip that Chandrachud was inspired by an extra-constitutional authority from outer space. Dave has quit his law practice which is a tragedy.
What the distinguished CJI Chandrachud failed to appreciate was that by announcing he had prayed to his family deity for guidance over a contentious issue, he was symbolically renouncing his faith in the Constitution which must be the God of all judges. And by pronouncing an unsigned judgment on a religiously-polarized issue, the Constitution bench led by DY Chandrachud was silently declaring that unsigned judgments could perhaps be cited as authorities in courts — which opens a Pandora’s box.
The Registrar (Judicial) plays a pivotal role in ensuring the thousands of varied cases conform to procedures before being placed in front of the judges. From judicial to administrative duties such as coordinating between different benches and the district judiciary, Irshad Agha has now risen from deciding whether felons should be jailed for life to deciding whether the appeals of these felons are procedurally correct.
As chairman of the North Goa District Legal Services Authority, Irshad Agha inaugurated Gram Nyayalayas (village courts) and related infrastructure, taking justice closer to the Konkani-speaking villagers who cannot argue for themselves in courts. His experience as the senior most district judge in Goa as well as Maharashtra, will make him an asset if he is elevated as a high court judge from Goa.
One recurring criticism of selections as high court judges is the gap between appellate judges and the harsh realities of trial courts. High Courts frequently deal with appeals against district court judgments, bail matters and revisions. A judge like Irshad Agha who has spent decades of his life recording evidence, appreciating witness credibility, managing lengthy trials, and writing detailed judgments brings an invaluable ground-level perspective to the high court if he is elevated without undue delay.
Irshad Agha’s career trajectory from Additional Sessions Judge to Principal District Judge of both north and south Goa districts, as the senior most judge of the subordinate judiciary from Goa as well as Maharashtra, makes him a prime candidate for elevation. But the crucial question being asked in legal circles is will he be elevated soon enough, to sit singly in the high court at Goa and add to Goan jurisprudence? That question remains to be answered.