October 15, 2020 8:26:08 pm
Goswami has already been given a notice under section 111, asking why he should not be required to sign a bond of good conduct under section 108 of the CrPC.
Last week, Mumbai police launched “chapter proceedings” against Republic editor-in-chief Arnab Goswami, who was subpoenaed Friday night. What exactly are the chapter procedures and what is the criteria for using it against someone?
What exactly are the “chapter proceedings” that have been started against Arnab Goswami?
Chapter procedures are preventive actions that the police take if they fear that a particular person may create problems and disturb the peace in society. These procedures are different from the punitive actions that are taken in the case of a FIR with the intention of sanctioning. Here, the police can issue notices under sections of the Code of Criminal Procedure to ensure that the person is aware that the creation of nuisance could result in action against him, including the payment of a fine, in which case, could be put behind bars. .
What are the sections in which these notices are sent?
Typically, a notice is issued to a person under section 111 of the CrPC whereby they are asked to appear before the Executive Magistrate, an ACP rank officer on a commission from a deputy collector in rural areas, who has issued the notice.
The person has to explain why they should not be forced to sign a bond of good conduct. If the Executive Magistrate is not satisfied with the response, the person is asked to sign a bond of good conduct and produce bonds attesting to their good conduct. A fine amount is also decided, according to the crime and the financial capacity of the person, that the person would have to pay if he violates the conditions established in the bond.
What is the notification sent to Arnab Goswami?
Goswami has already been served a notice under section 111 asking why he should not be required to sign a good conduct bond under section 108 of the CrPC, which stands for security by good conduct of people spreading seditious matters.
The section states that anyone who disseminates information that may generate ill will between communities and castes must receive this notice. Senior officers, however, said this is used in the rarest of circumstances. If on Friday the ACP (Worli division) is not satisfied with the answers given by Arnab, he could be forced to sign the good conduct bond and ask him to pay Rs 10 lakh as a fine if he breaks the terms of the bond.
What reasons have the Mumbai police mentioned for delivering this notice to Arnab Goswami?
In the notice delivered under section 111, the Mumbai police have referred to the two FIRs that have registered against Goswami in the city earlier this year. The two FIRs are linked to the content of their news programs in Republic after the gathering of migrants outside the Bandra train station and the lynching of sadhus in Palghar.
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It was alleged that the attempt was to communalize the two events, after which FIRs were registered. Finally, in June, the Bombay High Court suspended the FIR against Goswami and ordered that no enforcement action be taken against him until such time as the petition was resolved.
Does the person to whom the notice was served have legal options to appeal against the notice?
Yes, upon receiving the notice under section 111, a person can appeal the notice to court. In fact, in the past, the courts have strongly opposed chapter proceedings in some cases. In 2017, while repealing a notice issued to a bar owner, the Bombay High Court said that “judicial proceedings cannot be initiated on the basis of an incident of a trivial nature.”
In voiding a notice issued to begin chapter proceedings, the Mumbai session court in 2018 said that chapter proceedings cannot be used for the purpose of punishing a past crime. As of Friday night, it was unclear whether Goswami had appealed the notification that was sent to him.
What are the procedures in the chapter generally used for?
Generally, when an ACP receives information that a person is likely to commit a public disturbance or disturb the public tranquility or commit an illegal act that is likely to cause a public disturbance or disturb the public tranquility and believes that sufficient reason to proceed, it may, in the form provided below, require said person to prove the cause for which he should not be ordered to execute a bond.
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Not even a FIR against a person is necessary to issue a notice under section 107 of the CrPC (security of keeping the peace in other cases). In this case, the bond is signed for one year. Under section 110, a notification is sent to a habitual offender who has a record of FIRs registered against him. In your case, you are asked to sign a bond for three years.
Why are these notices called chapter procedures? Is it a legal term?
It is not a legal term. According to the officers, since all the sections related to crime prevention are found in a single chapter, it was colloquially called “chapter procedures” and has since been used to refer to actions of this nature.
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