Thursday, January 20, 2011

Executive Magistrate court functioning must be effective and decisive to extend relief promptly

I have written several letters after Inspection of SDEM Courts that the disposal should be expeditious and decisive to extend relief to the petitioners at the quickest possible speed. Earlier notes are available on this blog. We organised training of EMs at district level and also issued formal orders.
I visited Sadar EM Court, examined case records of several cases filed by Police under section 107/109 CrPC. It is noted that in none of the cases I examined today, in presence of Ld SDEM, bonds under section 116 CrPC could be issued in last one year. There are bail bonds with surety, but no further steps to draw security proceedings could be initiated.
In view of General Elections to West Bengal Legislative Assembly 2011, preventive measures are required to be taken by the SDEMs/ SDOs in terms of directions of ECI. These includes security proceedings with bonds from the persons identified to be trouble mongers/ those who may disturb free, fair and peaceful electioneering process and also the habitual offenders/ persons of dangerous nature etc as provided under law. It is expected that all cases filed police are disposed immediately, within 30 to 45 days duration without further delay.
All Subdivisions must review the cases filed SDOs and take steps as per the orders.

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