The Bombay High Court ordered the immediate release of seven people detained at Azad Maidan in Panaji amid protests against the Election Commission of India (ECI). A division bench of Justice Valmiki Menezes and Justice Amit S. Jamsandekar passed the order while hearing an urgent habeas corpus petition seeking their release from police custody.
Background
The petition, filed by advocate Malisa Zemira Simoes and another petitioner, stated that the seven individuals had been detained at Azad Maidan and taken to Pernem Police Station without being given reasons for their detention.
The petitioners also contended that no prohibitory order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which empowers authorities to issue certain urgent preventive directions, was in force at the location.
Police told the Court that the North Goa Collector had rejected an application for permission to hold a public gathering or protest at Azad Maidan on October 11. The rejection had been issued on October 9. Police further stated that Executive Magistrate Dattaprasad Toraskar had orally instructed them to detain the seven individuals.
Examining the circumstances, the bench expressed concern over the legal basis for the detention in the absence of prohibitory orders.
The Court observed:
"Considering that there are no prohibitory orders under Section 163 of the BNSS, we are of the opinion that the detention may not have been authorised. We are also informed that the Executive Magistrate Mr. Dattaprasad Toraskar, who was present at the site, had given oral instructions to the police to detain the 7 persons since they had barged into Azad Maidan, Panaji."
However, the bench clarified that it was not finally deciding the controversy surrounding the detention at that stage.
After senior advocate Norma Alvares undertook that the detainees would not protest at Azad Maidan that night, the Court directed the Panaji Police Inspector to release all seven individuals forthwith.
The bench also directed that, if the detainees volunteered for medical examinations that night, they should be examined at Goa Medical College, Bambolim, with the medical report submitted to the Court.
The matter was listed for October 12, 2026, at noon. The police inspectors and the Executive Magistrate were directed to file affidavits explaining the circumstances of the detention.
