ORAL JUDGMENT: (Per Bharati Dangre, J.)

1. On 27.09.2022, the Central Government in exercise of powers under Section 3 (1) of The Unlawful Activities (Prevention) Act, 1967, (UAPA) declared the Popular Front of India (PFI) and its associates or affiliates or fronts including Rehab India Foundation (RIF), Campus Front of lndia (CFI), All India Imams Council (AIIC), etc. as “Unlawful Association.”

Pursuant thereto, on 28.09.2022, the Chief Secretary, Department of Home, in furtherance of the said Notification, conferred the power to be exercised for the said purpose and for such circumstances and under such conditions, upon the District Magistrate or the Deputy Commissioner of District under the State Government and Union Territory of Administration and consequently the State directed the District Magistrate (North) and District Magistrate (South) to exercise the said power.

2. The Petitioner, claiming to be a journalist and an elected Councillor from Valpoi Municipal Council, came to be arrested on 29.09.2022 by Respondent No.3 – The Police Inspector, Valpoi Police Station at 5:06pm by invoking Section 151 of the Code of Criminal Procedure, 1973 (Cr.PC) on the premise that he is a member of the outfit, ‘PFI’ which was declared as Unlawful Association under the UAPA, Act. Three other persons were also arrested along with the Petitioner.

3. On 29.09.2022, the Police Inspector, Valpoi Police Station, preferred an application before the Sub-Divisional Magistrate at Valpoi, for initiation of action under Section 107 Cr.PC. and for submission of a bond for a minimum period of time for keeping good behavior in the locality and also imposing stringent conditions. 

The application of the Respondent, referred to the arrest of the Petitioner and others under Section 151 of Cr.PC, in the backdrop of the Notification issued by the Department of Home dated 28.09.2022, with reference to the declaration of PFI as an Unlawful Association, and it stated that information is received from reliable source that the persons arrested are suspected to be members of PFI and likely to conduct activities which are banned by the Government of India which may disturb the peace of the locality. The information was also provided that it was learnt that earlier meeting was held at Valpoi.

Apprehending that the persons may indulge in illegal activities in future, which was against the order issued by the Department of Home, Government of Goa and would result in a situation causing breach of peace in the locality for the commission of cognizable offence at the hands of the Petitioner and immediate action under Section 107 of Cr.PC was proposed.

4. The Sub-Divisional Magistrate before whom the application was preferred, considered the grounds, justifying the arrest under Section 151 of CrPC and also the prayer for initiating action under Section 107 CrPC.

Accepting the contention that the Petitioners would involve in any activities affiliated with the PFI or any other group which is banned and since the arrest was effected after following necessary guidelines issued by the Hon’ble Supreme Court, the action was directed to be initiated under Section 107 of CrPC and since the Officer in charge of Valpoi Police Station did not make any request for detention of the Petitioner/accused persons in custody, pursuant to their production before the Court, they were directed to be released on execution of personal bond of Rs.1 lakh each and one surety ordinarily residing within the local limits of Valpoi Police Station of Rs.1,00,000/-.

It is this order which is challenged in the Writ Petition.

5. Mr Shivan Desai, the learned Counsel representing the Petitioner, by inviting our attention to the power available under Section 151, would submit that only existence of the circumstances enumerated in the provision would justify its exercise and it is his specific contention that in absence of any such material being placed before the learned Magistrate, the impugned order could not have b