PANAJI: The high court of Bombay at Goa on Monday quashed a showcause notice issued to Manoj Parab of Revolutionary Goans by the deputy collector and sub-divisional magistrate Pernem for holding a meeting at Dhargal on January 23.
“The notice issued appears to be even without considering Form No XIV as there is no mention of the amount of bond or surety. Notice is not at all in conformity with either Section 107, 116 or Form No XIV of Schedule II and hence it is liable to be quashed and set aside being illegal,” Justice M S Jawalkar stated.
The court has granted liberty to the authority to issue a fresh notice as per CrPC.
The showcause notice was issued after a complaint was filed by the PI of the Pernem police station. Police stated that the meeting was organised without obtaining prior permission and alleged that a large number of villagers from Dadchiwadi and Chandel were called to “instigate them to act against orders lawfully promulgated by public authorities''.
The showcause notice stated that “hate speech was delivered to instigate the people against the government projects” and that Parab was likely to commit breach of peace and disturb the public tranquillity in Dhargal.
The high court held that the showcause notice on January 27 in 107 proceedings “is not at all in conformity with the provisions of law”.
Counsel representing Parab, Carlos Alvares Ferreira argued that there was no order under Section 144 in force in North Goa at the time. The court found that summons were not issued, inquiry not conducted and security for keeping peace not got from Parab.
Parab told reporters on Monday that democratic rights are being trampled upon and the group is being denied permission to hold meetings.
The deputy collector and sub divisional magistrate on February 5 rejected permission to the group to hold a meeting at Azad Maidan in the state capital, stating that the PI of the Panaji police station has not recommended that permission be granted.
The order stated that the group “has tried to instigate people against the ongoing government project and engaged in provocation of the public in this regard, hence there is every possibility that in the said meeting the participant will disturb peace and tranquillity”.