News Highlight
‘Conferring drastic powers upon the executive through Section 144 unacceptable.’
Key Takeaway
- Giving the government or the police severe powers under Section 144 of the Code of Criminal Procedure (CrPC) is unacceptable in a country governed by the rule of law, according to the former CJI.
- The report examines nearly 5,400 orders issued for enforcing Section 144 in the city.
Section 144 CrPC
- About
- The magistrate of any Indian state or union territory may issue an order forbidding gathering four or more people in a specific place under this law.
- It is enforced in circumstances of immediate nuisance or suspected threat from an occurrence.
- It can also cause problems or harm to human life or property.
- This order might be issued against a specific person or the broader public.
- Features
- It restricts the handling or transporting of any weapon inside the jurisdiction.
- The maximum penalty for such an act is three years in prison.
- The order under this clause states that there shall be no public movement and that all educational institutions remain closed.
- Furthermore, public meetings or rallies will be prohibited during this order’s execution.
- Obstructing law enforcement officers from disbanding an unlawful assembly is a serious offence.
- It also allows the government to prohibit internet access in the zone.
- The ultimate goal of Section 144 is to keep peace and order in regions where disturbance could erupt and disrupt daily life.
- Duration of Section 144 Order
- No order issued under this provision may be in effect for over two months.
- Additionally, the state government can extend the validity for two more months, with a maximum validity of six months.
- When the situation returns to normal, Section 144 can be lifted.
Criticism against Section 144
- Gives Absolute Power
- It is overly broad, and the section’s terms are broad enough to give a magistrate absolute power that could be abused.
- A revision application to the magistrate is the immediate remedy for such an order.
- Infringement of Rights
- Whenever a person’s fundamental rights are violated, he or she can file a writ petition with the High Court.
- However, there are concerns that the rights may have already been violated before the Supreme Court intervenes.
- Imposing Prohibition on Large Areas not Justifiable
- Placing prohibitory orders across a vast area is not justifiable because the security situation varies from place to place and cannot be addressed similarly.
- During the protests against the Citizenship (Amendment) Bill, prohibitive orders were issued throughout Uttar Pradesh.
Unlawful assembly under Indian law
- Section 141 of the Indian Criminal Code defines “unlawful assembly” in Indian law.
- To use criminal force against any Central, State, or Parliament and Legislature of any State.
- It also applies to public workers stopped from exercising their legal authority.
- In addition, refusing to obey any law or legal process.
- Doing mischief, criminal trespass, or committing another offence.
- Force or display of force to any individual to take or obtain any property to deprive any person of his/her alleged right.
- Using or displaying criminal force to compel any person to do something he or she is not legally obligated to do or to omit to do what he or she is legally authorised to do.
Way Forward
- It is a powerful instrument when dealing with significant law and order issues.
- At various times, the Supreme Court has justified its presence.
- But, its widespread use with insufficient judicial control and without a legal context of usage might turn it into a weapon of mischief.
- The state should present an acceptable framework of protocols to be followed before the imposition of the section to make it objective and therefore limit the executive’s arbitrariness.
- Furthermore, this will balance personal liberty, civil rights, and law and order issues.
Conclusion
- When dealing with emergencies, Section 144 might be useful.
- Because there is no specific judicial oversight, the executive branch is open to abuse and misuse.
- Furthermore, there is no exact tailoring of the extensive executive powers to specific goals.
- To address immediate crises, the legislature must balance the need to protect individuals’ personal liberties and other liberties guaranteed by the Constitution’s fundamental rights.
Pic Courtesy: Navbharat Times
Content Source: The Hindu