MARGAO
The South Goa Sessions Court has quashed and set aside orders of the Deputy Collector and Sub-Divisional Magistrate, Margao directing Goa Forward leaders Mohandas Lolienkar and Dilip Prabhudesai to furnish bond and security for keeping peace.
In separate orders, Additional Sessions Judge, Vincent D’Silva has termed the orders passed by the Executive Magistrate as bad in law and not legally tenable.
In this case, the two leaders of the Goa Forward were ordered by the SDM, Margao to furnish a bond for keeping peace and good behaviour following a complaint lodged by the Fatorda Police dated December 31, 2021 that over 100 persons blocked the road at the Nehru stadium junction on issues relating to the PWD. The Fatorda police had further contended before the SDM that there is every possibility the two persons may take the law in their hands if they are not bound over especially when the model code of conduct in view of the State Assembly elections 2022 is about to be declared and maintenance of law and order being of paramount importance for the smooth functioning of the election process.
The duo filed a revision application before the Sessions Court on the ground that the Executive Magistrate had passed the order dated January 21 against them without giving any hearing or following procedure prescribed in the CrPC.
While setting aside the orders passed by the Executive Magistrate, Judge Vincent, in separate orders observed that the Executive Magistrate has erred in passing the orders which is not sustainable in law nor it is in conjunction with the procedure mandated under Chapter VIII of the Code of Criminal Procedure.
The Judge further observed: “Importantly, the Executive Magistrate failed to follow the proper procedure and on the day, the applicant was directed to furnish personal bond and surety of the like amount for keeping peace, as evident in the proceeding sheet and posted the matter on 27.1.2022, without assigning any reason. The order was passed without conducting any enquiry into the truth.”
