Shillong, April 19: The High Court of Meghalaya has set aside an order issued by the Executive Magistrate of East Garo Hills, holding that it was passed without following due process under the Bharatiya Nagarik Suraksha Sanhita.
The case arose from a petition filed by Ojoni M Marak, Priya M Marak and Isaac M Marak, who challenged an order dated November 25, 2025. The order had directed them, along with respondent Rone G. Momin, to execute a bond on December 8, 2025 under Section 164 of the BNSS.
During the hearing, the state’s counsel acknowledged that no show-cause notice had been issued to either party before the magistrate passed the order. The government advocate did not oppose the petition and submitted that the order was liable to be quashed, while seeking liberty for the magistrate to initiate fresh proceedings in accordance with law if required.
Presiding over the matter, Chief Justice Revati Mohite Dere accepted the submission and ruled that the order violated the principles of natural justice, as the affected parties had not been given an opportunity to respond prior to its issuance.
While setting aside the impugned order, the court clarified that the Executive Magistrate would remain at liberty to take appropriate action in future, provided due legal procedure is followed. The petition was consequently allowed, and the rule was made absolute.
