ASG: At the bottom of it is a petitioner who is mounting challenge on substance with clear mindset that there is something.

At the time when enquiry is made, when hearing is to be held on show cause notice, does these documents are supplied to other side for them to make a defence ? Court asks

Court: Lets assume that someone tells a magistrate that X was there shouting slogans, and on that basis, he issues 126. Before making an enquiry, without finding out X might not be there at all… Is is necessary or not for magistrate to do an independent search to satisfy himself that information received is credible in nature.

ASG: Lets start with Section 126, it has three ingredients which are crucial. First is when an executive magistrate receives information, it is receipt of information. Second, that any person is likely to commit. It is anticipatory.

ASG: I dont know what to say regarding the time. Please see the scheme…

What is your reaction of 135 provisio A, where bond is given only for 127,128,129, though your notice say till pendency of enquiry… second is other than kalandra, was there any other material or enquiry by you to substantiate your opinion under 130 leading to a show cause notice: Court to ASG

Sankaranarayanan: There is an interlocutory application made. This is not a PIL.

He ends his submissions.

Sankaranarayanan: 135 provisio A comes at a later stage. As far as we are concerned, the question is flavour of 127,128,129 comes from public order aspect.

Lets assume that there are two groups of people of different caste. And they fight. That will be 126 or 128. These are few cases where aspects are of both (public order and peace): Court

Sankaranarayanan refers to judgments on the subject.

Sankaranarayanan: That failure to comply make me entitled to come here in Article 226.

Sankaranarayanan: If i were to engage with the merits of allegations, then my remedy is not here. I am saying compliance with law.