HC reserves order on
Muthalik's Goa ban
The scene in court...
Muthalik's counsel, N Takbhate
Continuous and repeated prohibitory orders were not only illegal but also beyond the jurisdiction of the District Magistrate
The orders were issued without following due procedure in terms of issuing him a notice and giving him a chance to be heard
Goa's counsel, S Rivonkar
We have seen his past conduct in the State as well as in other States... We do not want anyone from outside to take up our issues
State machinery is there to deal with issues such as illegal immigration, preserving heritage (hat khatro khamb), law and order, etc
PANAJI: The Bombay High Court at Goa has reserved its judgement in the petition filed by Sri Ram Sene chief Pramod Muthalik challenging the Goa government's order banning him or his associates from entering the State.
Arguments concluded in the High Court on Tuesday with Naguesh Takbhate concluding his submissions arguing that continuous and repeated prohibitory orders were not only illegal but also beyond the jurisdiction of the District Magistrate. He further said that the orders were issued without following due procedure in terms of issuing him a notice and giving him a chance to be heard.
"Orders under section 144 of the Code of Criminal Procedure are meant to be for two months and further cannot be extended beyond six months," Takbhate told the court.
He further said that such orders are passed only in emergency situation to prevent flaring up of tensions among communities. "In such a situation there was no emergency situation," he said.
"If the State were to give us a notice by following due procedure, we would have approached the District Magistrate and agreed to a set of conditions that he sets to guarantee, upon entering the State," he said.
"What would be the consequence of serving us a notice?" he argued adding that the State could have taken action under Sections 107 or 143, or 145 of the CrPC.
Muthalik's counsel also told the court that the petitioner has been visiting Goa to attend religious events during the last ten years and there have been no criminal cases registered against him.
Muthalik's counsel has so far argued that procedure was not followed in issuing restrictions from him coming into the State and that it has been done without notice, without a chance to be heard and without any material on record of previous cases against him.
He also argued that issuing repetitive orders under Section 144 by the District Magistrate were bad in law as it was an emergency provision meant to be used only in case of trouble and was violating fundamental rights guaranteed in the Constitution.
He furthered argued that the ban extended also to the associates of Pramod Muthalik and if the Goa Government had a problem with the activities of the Sri Ram Sene, it could get relief under the Unlawful Activities Prevention Act, which only the central government has the power to Act under.
"Under this Act, the State government has to send a report to the Centre, which will then initiate proceedings against the organisation," he said.
The first order restraining Muthalik from entering the State was issued by the district magistrates of North Goa and South Goa on August 19, 2014, for 60 days. The orders were subsequently extended.
Responding to the Arguments, government advocate, S R Rivonkar countered saying that Muthalik's petition had made a case against himself.
He pointed out to how Muthalik's own stated intentions of entering Goa were for socio-political activities including, campaigns against love-jihad, part of the movement to save the hat-khatro khamb, removal of Bangladeshi immigrants from Goa as well as combating the menace of alcoholism and drugs.
"We have seen his past conduct in the State as well as in other States. We do not want anyone to come in from outside to take up these issues. The State machinery is there to deal with issues such as illegal immigration, preserving heritage (hat khatro khamb), law and order, etc. The State government is committed to upholding the law. We don't want anyone else to come from outside to tell us what to do," Rivonkar told the court making a case that there are sufficient grounds to ban Muthalik and his associates from entering the State.
The judge then reserved his order on a date which will be notified later.
