Executive Magistrate should not forget that they are also expected to act in
accordance with Law with fairness and in judicious manner. Their orders and
record should bear an express live concern for fairness. , Unfortunately, the
record of the present case belies at that is expected.
They should also see to it that whenever the record is requisitioned by the
Superior Court of session to whom Executive Magistrate are undoubtedly
subordinate, they must promptly dispatch the record, rather than with holding
the Same on fanciful grounds and notions.
No doubt as the Government Advocate states that the applicant's have now been
released but at what cost two ladies were detained in face of application for
bail and the personal bonds as found on record but no orders there on passed
till the matter was brought to the notice of the High Court . The conduct of the
Executive Magistrate concerned deserves to be deprecated in to uncertain terms.
As the basis of whole proceedings before the Executive Magistrate is carbon
impression of an order passed in some other case by the SDM , without any
application of mind ,the proceedings as a whole are liable to be quashed and
they are accordingly quashed. (Mansur vs State of M.P)