1970 P Cr (PLP)

(1) Where the declaration is that the person complained of is a goonda, (a) (b) It may require the persons complained of to furnish a bond, with one or more sureties, for such period not exceeding three years and in such amount as may be specified, to be of good behaviour Provided that whether the person complained of is a minor a bond executed by a surety or sureties only, may be accepted." Section 15 relates to publication of an order under section 13, along with a statement of the order or orders, if any, made under section

14. Section 16 contains six subsections, of which subsection (3) is relevant and it is quoted below: ‑ "16: (1) (2) . (3) Where default is made in furnishing sureties, the Tribunal may direct that the persons for whom such sureties were demanded shall be committed to prison or if he is already in prison, shall be detained in prison, until the sureties furnished or the period for which the security is demanded expires or the Tribunal makes an order for the release of the persons detained, whether conditional or otherwise.". Section 17 relates to the revisional powers of the High Court and it is as follows: ‑ "

17. No appeal shall lie from any order made by the Tribunal but in relation to any such order under section 5 or section 13 or section 16, the High Court may call for the record of the case, and if the Tribunal appear‑ (a) to have exercised a jurisdiction not vested in it by law, (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally, the High Court may make such direction as it may deem sufficient for the rectification of the error or omission and the Tribunal shall conduct itself accordingly." Section 18 prescribes for enhanced punishment in some cases section 19 lays down the procedure where 'a person absconds or conceals himself, and section 20 enjoins upon every person in. respect of whom an order has been passed under section 13 of the Act to comply with the direction of the Tribunal to appear for being photographed or for giving his finger expression or specimen writing and signature. Section 21 says that every offence punish able under the Act shall be cognisable and non‑bailable, section 22 bars civil and criminal proceedings against any person r for anything done under the Act and section 23 lays down that the provisions of the Act and any order made or action taken under the Act, shall have effect notwithstanding anything inconsistent therewith contained in any enactment, other than the Act, for the time being in force, and in any instrument having effect by virtue of any such enactment other than the Act. Section 24 contains two subsections which prescribe penalties for breaches of orders. Subsection (1) provides for penalties for breaches of orders made under cause (I) (c) or clause 2 (a) or clause 2 (b) of section 14 and subsection (2) for breach of any order made or direction given under the Act not otherwise provided for. Section 25 relates to appointment and duties of probation officer and section 26, to action to be taken on his report. Section 27 relates to the manner of keeping the record of the proceedings held by the Tribunal and section 28 empowers the Provincial Government to make rules: It appears from a resume of the Act that there is no express provision therein requiring the Tribunal to grant time to a person against whom a declaration under section 13 has been made, to furnish a bond with one or more sureties in accordance with clause (b) of subsection (1) of section

14. Subsection (3) of section 16 prescribes for the breach of 'an order passed under clause (b) of subsection (1) of section

14. The expression "where default is made in furnishing sureties" occurring in subsection (3) of section 16 clearly presupposes that there must be actual failure to furnish sureties before the Tribunal acquires jurisdiction to pass an order under this subsection. Hence the order of the Tribunal in this case requiring the petitioner to furnish bond with sureties and to suffer imprisonment in default appears to be bad in law and it cannot be sustained. The Tribunal appears to have committed a further error of law by ordering that the petitioner should suffer "rigorous imprisonment for the said period of two years". Subsection (3) of section 16, under which the order referred to was passed empowers the Tribunal, in case of default in furnishing sureties, to direct that the person from whom such sureties were demanded shall be committed to prison or if he is already in prison, shall be detained in prison, until the sureties are furnished or the period for which the security is demanded expire. There is no provision there in empowering the Tribunal to pass an order that the defaulter shall suffer "rigorous imprisonment" for a fixed period. The penalties provided in section 24 of the Act are not applicable in case of a breach of an order made under clause (b) of subsection (1) of section 14 of the Act. The learned Deputy Legal Remembrancer appearing on behalf of the State also frankly conceded that the order imposing rigorous imprisonment for two years against the petitioner could not be supported. It is evidence that the Tribunal had acted illegally in the exercise of its jurisdiction and the errors should be rectified according to the provisions of section 17 of the Act. The result, therefore, is that the Tribunal is directed to release the petitioner immediately on receipt of this order, and grant him reasonable time to furnish the bond in question. If the petitioner fails to furnish the same by the time so granted, the Tribunal shall pass an order in accordance with the provision of subsection (3) of section 16 of the Act. The Rule is accordingly made absolute. Let the order along with the connected record be sent down to the Tribunal at the earlier opportunity. Rule made absolute.