Iddawala – J

This is a revision application filed on 31.07.2020 against a judgment of the Provincial High Court of Matara dated 12.06.2020, which refused to revise an order of the Magistrate Court of Matara dated 20.12.2019. This instant application was supported on 21.09.2020, and notices were issued to the respondents. On 26.11.2021, the State Counsel informed Court that no relief had been sought from the Attorney General and requested the Attorney General be discharged. Thereafter, notices were issued to the remaining respondents, after which time was granted to file objections. When the matter came up to be mentioned on 20.07.2022, the counsel appearing on behalf of 3rd to 6th respondents submitted that she had no intention of filing objections and that she concedes to the prayer of the petitioner to set aside both the Magistrate Court order dated 20.12.2019 and the High Court order dated 12.06.2020. As the Court of Appeal cannot deliver a judgment to set aside an order by mere consent, the judgment was reserved.

The facts of the case are as follows. On 20.03.2018, the officer in charge, police station Gandara (hereinafter the 1st respondent), filed a report before the Magistrate Court, Matara under Section 81 of the Code of Criminal Procedure Act, No. 15 of 1979 (hereinafter the CPC). The report detailed a land dispute between the petitioner and the 3rd to 6th respondents. The report further informed the Magistrate that despite a warning by the 1st respondent and a reference to the Mediation Board, parties have continued the dispute as of habit causing a breach in peace as per Section 81 of the CPC. Hence, the 1st respondent moved to issue an order against the petitioner and 3rd – 6th respondents to show cause as to why they should not be bonded over per Section 81 of the CPC. The show cause inquiry commenced, and the petitioner tendered written reasons on 29.10.2019. As the 3rd – 6th respondent failed to show cause, the Magistrate entered the said respondents into a bond of Rs. 1 million for an indefinite period by order dated 26.11.2019.

On 20.12.2019, the Magistrate ordered the petitioner to enter into a bond of Rs. 1 million for an indefinite period of time citing that the petitioner failed to show cause as to why such a bond should not be issued against her, thereby invoking the Magistrate’s powers under Section 81 of the CPC. Aggrieved by the Magistrate’s order dated 20.12.2022, the petitioner filed a revision application to the High Court on 08.06.2020. On 12.06.2020, the High Court dismissed the application of the petitioner in limine. Such dismissal was solely based on the determination that the petitioner is guilty of laches.

Hence, it is incumbent upon this Court to examine whether there exists any illegality or irregularity in the Magistrate Court order dated 20.12.2019 and whether the learned High Court judge has erred in law by dismissing the petitioner’s revision application on a technical ground. Prior to an examination of the outlined issues, this Court will set out the law pertaining to Section 81 of the CPC:

“ Whenever a Magistrate receives information that any person is likely to commit a breach of the peace or to do any wrongful act that may probably occasion a breach of the peace within the local limits of the jurisdiction of the court of such Magistrate, or that there is within such limits a person who is likely to commit a breach of the peace or do any wrongful act as aforesaid in any place beyond such limits the Magistrate may in manner hereinafter provided require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period not exceeding two years as the court thinks fit to fix”.

(Emphasis added)

The Section provide for the taking of security from certain classes of people to keep the peace. This is a form of prevention and not punishment. Upon receiving information, if the Magistrate is satisfied that the facts stated are well f