Bilaspur. The High Court has imposed a fine of Rs 25,000 on Korba’s City Magistrate Gautam Singh for violating the fundamental right to freedom. The High Court has considered the city magistrate’s order to send to jail under the restrictive section as a violation of the fundamental right to freedomIn fact, Laxman Saket, an employee of Korba’s Balco, lives in Quarter Number EWS Phase-2 MP Nagar Police Station Civil Lines Rampur. Laxman Saket is having a domestic dispute with his wife. The wife lodged a complaint against the husband in the Civil Lines police station. On this, the police took action against the woman’s husband under Section 107, 16 of the CrPC and presented him in the court of the City Magistrate. When the advocate presented the amount of bail bond for Saket’s release, the City Magistrate put a condition of solvent surety at five in the evening. Meanwhile, due to it being evening, Saket’s advocate could not present the solvent surety. On this basis, the City Magistrate sent Saket Laxman to jail..He challenged the decision of the City Magistrate in the High Court. In the case, the Chief Secretary of the Chhattisgarh Government, City Magistrate Korba, Secretary of Home Department, Superintendent of Police Korba, Station Incharge of Civil Line and the woman Sandhya Saket who complained about the case in the police station were made parties. It was argued in the petition that the City Magistrate does not have the right to ask for solvent security. The case was heard by a bench of Chief Justice Ramesh Sinha and Justice BD Guru. After hearing both the parties, the court declared the decision of the City Magistrate illegal and called it a violation of the fundamental rights of the petitioner. In the case, the court imposed a fine of Rs 25,000 on Korba Police, Additional Collector and asked to pay it within 30 days.
Violation of the fundamental right to freedom, High Court imposed fine on City Magistrate
