The Bombay High Court at Goa on Sunday ordered the immediate release of seven individuals detained by the police at Azad Maidan in Panaji during protests against the Election Commission of India (ECI), observing that their detention may not have been authorised in the absence of prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
A Division Bench of Justice Valmiki Menezes and Justice Amit S Jamsandekar passed the order on October 11 after convening a special sitting to hear an urgent habeas corpus petition filed by advocate Malisa Zemira.
Pointing out the lack of any official prohibitory orders under Section 163 of the BNSS, the Bench observed that the detention of the individuals lacked proper legal authorization.
The Court was informed that Executive Magistrate Dattaprasad Toraskar, who was present at the site, had orally instructed the police to detain the seven individuals on the ground that they had entered Azad Maidan.
The petition alleged that Afreen Shaikh, Jack Sukhija, Bupesh Bind, Aditya Parulekar, Listan Noronha, Shamino Fernandes and Milind Rane were forcibly removed from Azad Maidan and detained at Pernem Police Station without any formal prohibitory order or reasons being communicated to them.
Police inspectors from Panaji and Pernem informed the Court that the North Goa Collector had rejected the group’s application to hold a public gathering on October 9. They submitted that the detention followed the Executive Magistrate’s oral instructions after the individuals allegedly entered the ground.
During the hearing, counsel for the petitioners, on instructions, assured the Court that the detainees would not stage a protest at Azad Maidan overnight.
Taking note of the assurance and the circumstances surrounding the detention, the Bench directed the immediate release of all seven individuals.
The Court also ordered the police to return their mobile phones and permitted them to undergo medical check-ups at Goa Medical College in Bambolim, if they wished to do so.
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