A ruling handed down on Sunday by the Goa Bench of the Bombay High Court directed that six members of the Citizens for Justice and Peace (CJP) be freed without delay, following their detention by police in Panaji during a protest. A petition brought before the court on an expedited basis sought relief over the confinement of six activists held following a demonstration organised by the CJP in Panaji.
Six individuals were taken into custody by Goa police upon their arrival at Azad Maidan in Panaji, where they had gathered to take part in a demonstration organised by CJP calling for the removal of Chief Election Commissioner Gyanesh Kumar and opposing the Special Intensive Revision (SIR). Among those taken into custody were hotelier Jack Sukhija, along with activists Amreen Shaikh, Aditya Parulekar, and Bhupesh Bin, in addition to a number of other individuals.
Advocate Norma Alvares, appearing for the petitioners before the Division Bench of Justice Valmiki Menezes and Justice Amit Jamsandekar, noted that proceedings ran from 7.30 pm through to 8.45 pm, with the habeas corpus petition having been placed before the Bench by advocate Melisa Simoes shortly after evening set in. The bench convened, accompanied by court staff, to take up the petition after no information had come through regarding the whereabouts of all six individuals held in police custody.
According to Alvares, the Public Prosecutor who attended the hearing via an online connection gave assurances that all six detained individuals would be freed without delay. Monday at noon was the time set by the court for the matter to be taken up.
The bench directed that all six individuals be freed without delay and further indicated that, where they consented, medical assessments should be carried out at Goa Medical College and Hospital, given that two of those held were reported to have sustained injuries during their time in custody. In court, Alvares committed on behalf of all six individuals that none of them would stage a protest or return to Azad Maidan that evening — a restriction confined to that single night, given that the matter was listed for hearing the next day.
The court directed the officers in charge of both Panaji and Pernem police stations to submit sworn statements accounting for the detention of those individuals and for the bar placed on their attempt to stage a peaceful demonstration. Following their apprehension in Panaji, the six individuals were transported to the police station at Pernem.
A formal written request from the CJP, submitted to the District Administration on October 7, sought permission to stage a protest at Azad Maidan in Panaji on October 11, according to Alvares. On October 9, a response from the District Administration conveyed to the CJP that authorisation for the request would not be forthcoming.
A gathering of residents from Goa made their way to Azad Maidan on Sunday, where they were not permitted to proceed further. Six individuals were taken into custody despite the absence of any Section 163 BNSS order covering the locality.
Following his release from Panaji police station, Jack Sukhija told reporters that the group had been demonstrating without incident when officers detained them, adding that the Supreme Court's position permitting such assemblies had not prevented the group from being taken to Pernem police station. According to Sukhija, mobile devices were confiscated and all outside communication was blocked.
