The High Court Has Issued a Two-Line Injunction.

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 He said.  The district magistrate and his subordinate executive magistrates can give orders to prevent crime or maintain peace in the society.  But that instruction has to be properly explained.  You don't have to just give instructions in two lines.  Justice Mohammad Nizamuddin gave such an order while giving judgment in a case in the Jalpaiguri Circuit Bench of the Calcutta High Court recently. 

 A copy of the verdict was sent to all the district magistrates through the High Court administration, according to court sources, in a land dispute case in Jalpaiguri.  According to Section 108 of the Criminal Procedure Code, the concerned executive magistrate directed to maintain peace.  Challenging the order, the High Court was approached by one of the plaintiffs' lawyers. The executive magistrate did not hear their client's statement while announcing the order.  There is no reason why this instruction is being given.

The explanation is not in the manual.  Justice Mohammad Nizamuddin, after hearing the questions and answers of both the parties, quashed the order of the magistrate.  Court observation, no judicial or.  When a quasi-judicial body gives a judgment or order, a reasonable explanation is required for giving that judgment or instruction.  It is an integral part of the judiciary.  Also, judges will not be able to clearly understand why the verdict was handed down if a case was filed in the court challenging the executive magistrate's verdict.  Not only that, it is important to know whether the magistrate has listened to all the parties during the instruction.  Lawyers.  A hearing is required to give an order in a dispute, but administrative magistrates avoid all the details of the order in order to keep the peace in land or other disputes.

In case of the promulgation of the section, the district magistrate or administrative magistrate also gives unilateral instructions.  In some cases, some kind of has been seen.  The protesters were arrested for violating the police administration and those directives by issuing Section 144 in a hurry.  Last January, the Supreme Court issued a directive in this regard.  It has been said that in the case of non-violent movement to suppress the voice against the will.  Section 144 cannot be issued.  He is also speaking in the wake of Justice Nizamuddin's verdict in the Jalpaiguri Circuit Bench case.  Many of the lawyers.  According to them, even in the case of issuing section 144, it is a specific explanation to the administration.  Have to pay.  Administrative sources, however, claim they gave specific explanations when issuing the guidelines.  In some isolated cases, some administrative magistrates may be 'wrong'.  Even the slightest mistake will be corrected in accordance with the court order.

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