MADURAI: The Madurai Bench of the Madras High Court on Monday advised the State government to conduct training and refresher courses for newly-appointed or promoted executive magistrates on basic concepts of criminal law, for inquiring into the breach of peace bonds by habitual offenders.
Justice K Murali Shankar stated out of 41 cases disposed of by him during a three-month stint in the criminal revision portfolio, detention orders by executive magistrates had to be set aside in 40 cases due to non-compliance of legal principles.
“It is shocking to notice that the executive magistrates have been passing orders under Section 122(1)(b) CrPC (Imprisonment for breach of peace bond), detaining the accused for a period between six months to one year in a very casual manner which affects the personal liberty of the accused guaranteed under Article 21 of the constitution,” the judge said.
Referring to a judgment passed by the high court laying down guidelines on procedure to be followed while dealing with this type of case, the judge directed the government to ensure that the executive magistrates comply with the said judgment. He also wanted departmental action to be initiated against those who violate the procedure.
Justice Shankar issued the directions while allowing a revision petition by a man, Vinoth, challenging an order passed by a sub-divisional magistrate cum Revenue Divisional Officer (RDO) of Kulithalai in June, detaining him as he allegedly flouted the peace bond executed by him last year.
The judge noted that the magistrate had failed to conduct a proper inquiry before ordering Vinoth's detention. Since the magistrate informed the court that she was promoted as an RDO just recently and was not aware of the legal principles or the nature of inquiry conducted in such cases, the judge suggested the government to conduct training courses.