PANAJI
The High Court of Bombay at Goa has expressed disappointment over the recent trend of authorities misusing and exploiting their powers.
The observations by Vacation Bench of Justices Mahesh Sonak and Valmiki Menezes come while setting aside and quashing the North District Collector’s order banning a couple from carrying out religious activities following allegations of forceful conversions.
“We take note of the fact that there has been a tendency of late for the authorities to abuse and misuse the powers vested in them under the provisions of Section 144 of the (Criminal Procedure) Code, by passing preventive orders either concocted material or on the basis of reports which actually do not spell out any factual basis for exercising jurisdiction under Section 144 of the Code,” reads the order in response to a petition by Joan Mascarenhas E D'Souza.
The petitioner had challenged the District Magistrate’s order dated December 28, 2022 banning the couple from carrying out religious activities at their property in Siolim ‘to curb religious conversion by means of allurement or fraud affecting the freedom of religion and conscience of citizens.’
The North District Police and the Collector, who were among the respondents citing as many as eight First Information Reports (FIRs) against the couple since 2009; but the Court observed that these cases either ended in acquittal/discharge or filing of C Summary reports.
“…If were considered by the District Magistrate, would have obviously resulted in the District Magistrate refraining from passing the impugned order. There was clearly no material before the District Magistrate to proceed in terms of the provisions of Section 144 to record any subjective satisfaction. The impugned order is, therefore, passed contrary to the provisions of Section 144…” the order further states as the Bench set aside and quashed the magistrate’s order citing the December 2022 order had breached the petitioner’s fundamental rights.
