Meghalaya High Court overturns bond order passed without show-cause notice

The High Court of Meghalaya set aside an order issued by the Executive Magistrate of East Garo Hills District on April 18, ruling that the magistrate had failed to issue show-cause notices to any of the parties before directing them to execute a bond under Section 164 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The petition was filed by Ojoni M Marak, Priya M Marak and Isaac M Marak, who challenged the magistrate's order dated November 25, 2025. The order had directed the petitioners and respondent Rone G. Momin to execute a bond on December 8, 2025.

Crucially, the government advocate appearing for the state did not contest the petition. She openly admitted before the court that no show-cause notice had been issued to either side prior to the passing of the impugned order and conceded that it deserved to be quashed, while requesting that the magistrate retain liberty to act afresh if circumstances so warranted.

Chief Justice Revati Mohite Dere, presiding over the matter, accepted the government advocate's submission and quashed the order on the ground that it had been passed in violation of the principles of natural justice.

The court, however, clarified that the Executive Magistrate remained free to take appropriate steps in future, strictly in accordance with the law.

The petition was accordingly allowed, and the rule made absolute.