SARFARAZ SAYYAD Vs. STATE OF GOA

JUDGEMENT

(1.) On 27/9/2022, the Central Government in exercise of powers under Sec. 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 28/9/2022, 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 Sec. 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 29/9/2022, the Police Inspector, Valpoi Police Station, preferred an application before the Sub-Divisional Magistrate at Valpoi, for initiation of action under Sec. 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 Sec. 151 of Cr.PC, in the backdrop of the Notification issued by the Department of Home dtd. 28/9/2022, 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 Sec. 107 of Cr.PC was proposed.