The Patna High Court has set aside orders passed under the Bihar Crime Control Act, 2024, which required two petitioners to mark their attendance at Silao Police Station thrice a week and restricted their movement, holding that the executive action was not justified on the material placed before the authorities.
A Division Bench of Justices Rajeev Ranjan Prasad and Sunil Dutta Mishra noted that the petitioners were not accused in any case registered at Silao Police Station, even though they were directed to report there. The State had justified the restrictions by citing their criminal antecedents and apprehension of breach of peace during the Assembly elections and Chhath festival.
The Court observed that police action in haste, just to stop someone from being a part of the Assembly Election would not help the administration and could bring bad repute to the District Administration.
Noting that the petitioners had been compelled to mark attendance every Monday, Wednesday and Friday for three months and had faced movement restrictions, the Court directed the State Government to pay ₹1 lakh to each petitioner, along with ₹10,000 each towards litigation costs, within one month. It further directed the State to recover the compensation and costs from the erring officials after giving them an opportunity of hearing.
