K. N. Govind
Encyclopedia
Kishore Nand Govind is a former Fiji Indian politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...

 who was a judge of the High Court of Fiji. In his political career he was known as a fearless person who was never afraid to speak out on issues that he believed affected his electorate. After retiring from politics, he was made a judge of the Supreme Court (pre 1987 coup) of Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...

 and during the tumultuous times between the coups of May and September 1987 he continued to deliver verdicts which maintained the independence of the judiciary. He was forced to leave Fiji in late 1987 but returned in 2001 to be reappointed a judge of the High Court, and in his decisions has shown himself to have taken into consideration the social impact before passing judgement.

Early life

Govind grew up in Ba
Ba District, Fiji
Ba is a district situation on the North Western part of the island of Viti Levu in Fiji. The name Ba is also used for a province, a tikina , a town and a river. Ba district comprises the areas surrounding Ba Town and includes the Fijian administrative tikinas of Ba and Magodro. Ba district is in...

 where his father was a school teacher. After completing his secondary education, he went overseas to study law. He returned to Fiji, and after a short stint as a teacher, set up his law practice of Govind & Company in Ba town
Ba (town)
Ba is a town in Fiji, 37 kilometres from Lautoka and 62 kilometres from Nadi, inland from the coast of Viti Levu, Fiji's largest island. Covering an area of 327 square kilometres, it had a population of 14,596 at the 1996 census. The town is built on the banks of the Ba River, after which it is...

. He attended Lelean Memorial School
Lelean Memorial School
Lelean Memorial School is one of the largest co-ed schools in Fiji today. It was established in 1943 and is run by the Methodist Church of Fiji. It is co-located at the Davuilevu Methodist Compound with the and the Young People's Department, which runs training for Methodist catechists...

, a Methodist Church
Methodist Church of Fiji and Rotuma
The Methodist Church of Fiji and Rotuma is the largest Christian denomination in Fiji, with 36.2 percent of the total population at the 1996 census...

 run school in Nausori
Nausori
Nausori is a town in Fiji. It had a population of 47,604 at the 2007 census, the most recent to date. This makes it the fourth most populous municipality in the country. Situated 19 kilometers out of Suva, it forms one pole of the burgeoning Suva-Nausori corridor.Nausori grew up around Fiji's...

.

Politician

In 1968, when by-elections were held to fill vacancies created by the boycott of the Legislature by members of the National Federation Party
National Federation Party (Fiji)
The National Federation Party is a Fijian political party founded by A.D. Patel in November 1968, as a merger of the Federation Party and the National Democratic Party...

 (NFP) from the Legislative Council
Legislative Council (Fiji)
The Fijian Legislative Council was the colonial precursor to the present-day Parliament, which came into existence when Fiji became independent on 10 October 1970.-The first Legislative Council:...

, he contested the Ba Indian Communal Constituency for the Alliance Party against R. D. Patel of the NFP. Although he lost by a greater margin than his Alliance predecessor in the last two elections (James Shankar Singh
James Shankar Singh
James Shankar Singh was a Fiji Indian farmer, businessman, social worker and politician who served as a Minister in the Alliance Government of Ratu Sir Kamisese Mara...

), the election established him as a well known Ba identity and in 1969 he was elected the Mayor of Ba town. He was mayor for two terms.

In the 1972 general election, he contested the North Central Indian National Seat (located in Ba) for the House of Representatives
House of Representatives (Fiji)
The House of Representatives is the lower chamber of Fiji's Parliament. It is the more powerful of the two chambers; it alone has the power to initiate legislation...

, and surprised his detractors by winning with a comfortable margin in a constituency with a large Indian population where the Indian dominated NFP was expected to do well. In Parliament he spoke out on issues affecting his constituents. He was the first Indian member of the House to make use of the privilege to speak in Hindi
Hindi
Standard Hindi, or more precisely Modern Standard Hindi, also known as Manak Hindi , High Hindi, Nagari Hindi, and Literary Hindi, is a standardized and sanskritized register of the Hindustani language derived from the Khariboli dialect of Delhi...

. (There was no interpreter and he translated his own speech into English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...

). In 1975 when the leader of the Fijian Nationalist Party
Fijian Nationalist Party
The Fijian Nationalist Party was a political party in Fiji, founded in 1975 by Sakeasi Butadroka, a parliamentarian who defected from the then-ruling Fijian Alliance, on a "Fiji for the Fijians!" platform. Its support peaked in the parliamentary election of March 1977, when it took 24.4 percent...

, Sakeasi Butadroka
Sakeasi Butadroka
Sakeasi Butadroka was a Fijian politician noted for his strident ethnic nationalism. Originally elected to the House of Representatives as a member of the ruling Fijian Alliance in the parliamentary election of 1972, he was expelled from the Alliance for his public attacks against the presence of...

, moved a motion calling for the expulsion of the Indian community from Fiji, Govind first seconded the motion (so that debate could take place)then moved an amendment which recognised the contribution of the Indian community towards the development of Fiji.

He lost his seat in Parliament in the March 1977 elections and retired from politics.

Judge of Supreme Court of Fiji

In the early 1980s he was appointed a judge of the Supreme Court of Fiji and soon distinguished himself by handing out judgements which showed his understanding of the social and cultural background of the defendants. After the coup of May 1987, he fled Fiji because of harassment by the military government of Sitiveni Rabuka
Sitiveni Rabuka
Major-General Sitiveni Ligamamada Rabuka, OBE, MSD, OStJ, is best known as the instigator of two military coups that shook Fiji in 1987. He was later democratically elected the third Prime Minister, serving from 1992 to 1999...

. Before he fled Fiji he continued to deliver judgements that were seen as fair and impartial and often critical of the government. When the second coup of 1987 took place on 25 September Govind, with another outspoken exaptraite judge was imprisoned on what were later proven to be trumped up charges . He fled Fiji because he was forewarned that he was to be jailed for a longer period.

In Australia

To escape political persecution, he left Fiji for Australia in late 1987. He practiced law in Sydney for a while before joining the New South Wales Office of the Director of Public Prosecutions. He was a junior in the ranks of the organisation. With a new constitution and fairer political climate in Fiji, he resigned his position on 31 January 2001 and returned to Fiji.

Judge of High Court of Fiji

Govind was re-appointed as a judge of the High Court of the Republic of Fiji and continued his unique style of delivering judgements.

In November, 2002 Justice Govind said that there is nothing revolutionary in offering discounts in sentencing to criminals who plead guilty. Justice Kishore Govind made headlines when he told lawyers that there could be up to 25 percent discount in sentencing if their clients pleaded guilty. He says guilty pleas have been attracting lesser sentences already but he thought he would spell it out and make it generally known. Justice Govind said that there are a number of reasons why he thinks the discounting is a good move.

“It saves a complainant or a victim in cases like violence or rape the trauma of going to trial to giving evidence. Secondly, it saves the state a lot of expense, calling witnesses, wastage of court time. So there are a lot of pluses attendant upon a plea of guilty and I think any person who pleads guilty should be rewarded for it.”


His rulings show liberal ideas of tackling drug problems. He criticised a magistrate for not granting a defendant, charged with possessing 59 grams of marijuana, bail and discharged on the condition that he not reoffend within 12 months because he was a single parent and looking after his six children, all of whom were in school. He said that "While many know the evil and social destruction the marijuana habits can do, the circumstances of this case invites the leniency of the court," . Justice Govind gave him a last chance saying he must rehabilitate himself and educate others not to take marijuana. "Go back and tell others how dangerous marijuana was and discourage them from smoking." He said that smoking marijuana was not a way to relieve pressure. and also told him that he was not showing a good example to his children.

In another case he also discharged a man found in possession of 50 grams of marijuana. He said that he was still young and had a long life ahead of him and his employer would not see the of marijuana but a conviction next to his name. He said that a conviction was disproportionate to his mitigation, where he said that he was living with his elderly parents and was supporting them as well.

"So I have wiped your slate clean because your employer will look at the convictions of drugs and not see the amount at all. I have given you a chance but don't abuse it and don't come back here. Go and educate your colleagues and friends of the evils of these drugs because it can destroy the whole country."

Supporter of football

Govind was a passionate supporter of the Ba football team
Ba F.C.
Ba F.C. is a Fijian association football team playing in the premier division of the Fiji Football Association competitions. It is based in Ba. They are nicknamed Men in Black. Their home stadium is Govind Park...

. He was a member of the executive of the Ba Football Association and his legacy to football in Ba is the naming of the home ground of the team after him .i.e. Govind Park
Govind Park
Govind Park is a multi-use stadium in Ba, Fiji. It is currently used mostly for football matches and hosts the home matches of Ba FC. The stadium holds 13,500 people....

.
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