‘Train new judges on concepts of criminal law’: Court

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.