PANAJI
The Bombay High Court at Goa has set aside the order of the magistrate which directed Tukaram alias Manoj Parab and his group of Revolutionary Goans to report to the Valpoi Police station for the next six months and execute a bond worth Rs 10,000 that they will not cause a breach of peace.
Allowing a petition filed by Parab, the court ruled that the magistrate did not apply his mind and was guided solely by the police report.
“It appears that the magistrate proceeded to issue a show-cause notice only on the basis of the report of the police inspector of Valpoi police station. However, there is nothing mentioned in the order/notice that what are the facts on the basis of which the magistrate is satisfied… failed to appreciate the contentions and has not even bothered to consider the basic parameters required to be applied in dealing with cases under Section 107 of CrPC,” the High Court ruled.
“The first thing that the magistrate must do after receipt of the information is to apply his mind to such information if he is satisfied that there is a ground for proceeding under such chapter to pass an order in writing under the present section and, therefore, it is mandatory on the part of the magistrate for passing of the preliminary order stating the substance of the information etc, which will be served as a notice,” the High Court said.
“The fact that the police in the court indicated that the members of the opposite party were likely to create a breach of peace is not sufficient to pass an order. It cannot be said that the magistrate has given careful consideration to the existence of facts,” the High Court said.
On the basis of information of the Valpoi police dated September 4, the petitioners received a notice entitled “Order under Section 111 of CrPC” dated 11.09.2020. By this notice, the Revolutionary Goans were directed to attend the office of the Valpoi Police Inspector and to show cause as to why they should not be made to execute the bond of Rs 10,000 and to give further security bond by furnishing one surety of the like amount to maintain peace and tranquility for six months.
