High Court sets guidelines for ACPs

The directions came on June 18 while hearing two different writ petitions filed by Pravin Taware,Sunil Chavan and others against special executive magistrates of Pune rural police and Baramati division.

The petitioners had moved the High Court as the magistrates had taken action against them without giving them a hearing and had directed them to execute an interim bond of good behaviour with some conditions. However,in the court it was brought to the notice that one of the petitioners was arrested and sent to jail even when he sought time for complying with the magistrates order. The bench observed that “Magistrates are unaware of law and that they are not trained to act as magistrates”.

The court also raised apprehensions of the law being completely misused in small towns and cities. The bench observed,“These cases come from the cities or bigger towns. This court has not seen a case coming from a remote village. Obviously,the people living in such areas do not find it possible to reach the High Court. Therefore,this court presumes that these powers may be abused with impunity”.

The High Court also directed that the guidelines laid down by it has to be followed by principal sessions judges in Maharashtra and principal secretaries of the state,law and judiciary departments and home department for further reference and action.

What the court wants
* A person should be given sufficient time to furnish bond and surety,if an order is passed by a magistrate at an interim stage or final stage.
* The magistrate shall not ask for an interim bond at any stage of inquiry,unless he is satisfied about the truth or the information he has received which is sufficient enough to make out a case for seeking bond.
* If a magistrate passes an order under sub-section (3) of Section 116 of Chapter VIII of the CrPC directing a person to be sent to jail,a copy of the order shall be sent to the principal sessions judge immediately. On going through the order,if the judge finds any illegality in the magistrate’s order and feels it is a fit case of preferring a revision,he may intervene under Section 397 of the CrPC.
* If a person is sent to jail,a copy of the order should be sent immediately to the superior of the magistrate in the police department.