'Detention may not have been authorised': HC orders release of 7 protesters in Goa

Hours after seven protesters were detained at Azad Maidan in Panaji, the High Court of Bombay at Goa on Sunday night directed police to release them, noting that their "detention may not have been authorised".

The protest was organised by a Cockroach Janta Party (CJP) affiliate in Goa to demand the resignation of Chief Election Commissioner Gyanesh Kumar.

In an order, a division bench of Justices Amit S Jamsandekar and Valmiki Menezes said, "Considering that there are no prohibitory orders under Section 163 of the BNSS, we are of the opinion that the detention may not have been authorised. We are also informed that the Executive Magistrate Dattaprasad Toraskar, who was present at the site, had given oral instructions to the police to detain the seven persons since they had barged into Azad Maidan, Panaji."

The court said, "For the moment, without entering into controversy and the correctness of the detention order, considering that... learned Senior Advocate appearing on behalf of the detainees, gives an undertaking that the detainees would not protest at Azad Maidan, Panaji tonight, we direct the PI [police inspector] Panaji Police Station to release the 7 persons named..."

Earlier, a habeas corpus petition was filed in the HC by Advocates Malisa Zemira Simoes and Rui Gomes Pereira, seeking the release of the seven detainees.

The petitioners said that the seven persons were taken to Pernem police station.

The petitioners stated that no orders were issued by the state government under section 163 of Bharatiya Nagarik Suraksha Sanhita (BNSS), which prohibits any gathering at Azad Maidan or any part of the location. They sought immediate production and release of the detainees from the custody of the inspector of Pernem police station.

The petitioners further submitted that the police officers provided no reason for detention.

The police argued that seven people were detained at Azad Maidan, Panaji, since their application seeking permission for the Sunday's gathering was rejected by the Collector of North Goa on October 9.

Meanwhile, in its order, the court said if the seven persons volunteer to undergo a medical check up on Sunday night itself, they shall be produced before the Casualty Medical Officer of the Goa Medical College, Bambolim, who shall examine them and prepare a report and submit the same to the court during the hearing. The matter has been listed for Monday.

Councillor among those detained

Police sources said all the seven detainees were released on Sunday night.

Among those detained were Amreen Shaikh, one of the organisers of the protest affiliated with the CJP, and Panaji councillor Jack Sukhija.

Abhay Sundaram, one of the protesters, said earlier in the day, "This is nothing but a dictatorship. They have frozen democracy. It is time for us to defreeze it."

Orijit Sen, an artist, said, "Protest is an essential part of any democratic society. When governments try to squash protests, it is all the more reason for the people to speak up and to join in and raise their voices in large numbers."