Report On The Visit To Executive Magistrate

Report on the visit to Executive Magistrate- SDM
We went to the office of SDM, Kadi. She was a Gujarat Administrative Service
officer, Ketki Vyas. The SDM has multifarious powers. The post of SDM is having
the dual powers to work as the head of executive machinery as well as serve as the
judicial authority. The post of makes him the head of police machinery. The nature of
the crimes in which the SDM takes action are:
1) Preventive nature of crime: Whenever police finds a person to be habitual offender.
He may refer that person in a confidential cover, whom they may find to be a threat
to public order, or a person involved in seditious act and the act is presumed based on
the antecedents. the executive magi. may conduct a hearing and may give
punishment under G.P Act or CrPc as they deem to be fit.
2) Social order: Any act by people or group of people that is, people doing unlawful
assembly or causing nuisance to the society may disrupt social order in the area. the
mag may prevent such an assembly either by taking preventive actin of denying
permission or may instruct the police to take action to such an assembly and maintain
social order.
3) Act as a impartial supervisor of probe: the function of SDM is to monitor no
arbitrariness is done by the police in the investigation. the SDM directs the police to
act as per the laws and show no biases, partially or favouritism in the probe.
4) The Judicial importance: The SDM records various statements and certifies the
causes of death which may be prevalent in the case. The SDM here acts based on the
discretion and then may send the reports to the courts.
The SDM started the discussion by telling us about the preventive powers vested
upon the SDM. The SDM is in most cases the appellate for the action taken by the
Executive Magistrates under them. The preventive actions are listed under sec.107-
116. The actions taken by the Executive Magistrates is generally based on the
apprehension to the police that the person accused being the habitual offender may
indulge in a crime again. The actions are based recommendation by police. These
preventive powers are also available to the Executive magistrate under the Gujarat
Police Act, 2017. The cases under Prohibition of sale of liquor and preventive action
the sale of liquor are to be taken by the Executive Magistrates. All these crimes are
tried by them
The Executive Magistrate is the person who orders the police to start the firing in
case of breach of public order in the area. The order of a curfew by the District
Magistrate are to be also imposed by the Executive Magistrate as a preventive action
against breach of public peace under CrPC.144.Under section 116(3) he may in case
of necessity where he believes that the prevention of a breach of the peace or
disturbance of the public tranquillity or the commission of any offence is necessary
as an immediate measure he may direct a person complained against to execute an
ad-interim bond with or without surety for keeping the peace or maintaining good
behaviour until the completion of the enquiry.
The SDM made us aware about the powers of them under the G.P Act which give
them the power of the judiciary to judge the cases against the habitual offender of
liquor trading and then send them out of the certain area this power is only provided
to the SDM and the appellate authority in this case is the High Court. Under the
CrPC the is having the powers of the taking the dying declarations of the individuals
this done to check on the police as they may not take any forceful confessions.
The SDM also told us about the breakup of the work as there are about 8 police
stations in the Kadi Sub division and the SDM makes the head all the police stations.
The duty of the SDM includes checking and visiting the police statins at least once in
the year. The SDM delegates the duty to the Executive Magistrates.
We also visited the Sub jail in Kadi. The jail is operated under the SDM and the
accused are kept in the sub jail under the charge sheet is filed in the case. Once the
charge sheet is filed the accused my apply for the bail and if rejected are then sent to
the District jail. The state of the jail was like any other jail. The jail had more inmates
then the sanctioned strength and the state of the security was also not proper as the
manpower guarding the jail was also less than the sanctioned strength. The jailer of
the jail also made us familiar with the jail manual and we interacted the the inmates
regarding the cases against them.
The Functions of the SDM are followed by the SDM as per the law but the
overburdening of the work of the SDM who happens to also do the duty of the
Revenue Officer makes it not possible to carry each and every duty with due
diligence. The SDM was cooperative with us in the efforts and when we had said the
educational purpose of our visit had also shown us the documents and
recommendations that are generally confidential in nature. The Executive
Magistrate’s almost all the functions were discussed with us whole heartedly and
after the visit I got to learn many new things.

Report On The Visit To Executive Magistrate

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Report on the visit to Executive Magistrate- SDM

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