The Bombay High Court at Goa has ordered the immediate release of seven individuals detained by police at Azad Maidan in Panaji over protests against the Election Commission of India (ECI) [Malisa Simoes & Ors v. State of Goa & Ors]
A division bench of Justices Valmiki Menezes and Amit S Jamsandekar observed that the detention appeared to be illegal in the absence of prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The Court passed the order on Sunday, October 11 after convening a special sitting to hear the urgent habeas corpus petition filed by advocate Malisa Zemira Simoes.
“Considering that there are no prohibitory orders under Section 163 of the BNSS, we are of the opinion that the detention may not have been authorised. We are also informed that the Executive Magistrate Mr. Dattaprasad Toraskar, who was present at the site, had given oral instructions to the police to detain the 7 persons since they had barged into Azad Maidan, Panaji,” the bench ordered.
The petitions claimed that seven individuals, Afreen Shaikh, Jack Sukhija, Bupesh Bind, Aditya Parulekar, Listan Noronha, Shamino Fernandes, and Milind Rane were ‘bodily lifted’ from Panaji’s Azad Maidan and detained at Pernem Police Station without formal prohibitory orders or reasons assigned.
Police inspectors at Panaji and Pernem submitted that the group’s application for a public gathering was rejected on October 9 by the North Goa Collector. They added that Executive Magistrate Dattaprasad Toraskar gave oral instructions to detain them after they barged into the ground.
After the counsel appearing for the petitioners gave a statement on instructions that the detainees would not protest at Azad Maidan overnight, the Court directed their immediate release.
The Court also ordered return of phones and permitted optional medical their check-ups at Goa Medical College in Bambolim.
Senior advocate Norma Alvares with advocates Om D'Costa and Mayank Suri appeared for petitioners.
Additional public prosecutor Pravin Faldessai appeared for State.
[Read order]