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Slapping Sec. 144 during CAA protests ‘illegal’: HC
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- The Karnataka High Court recently declared as “illegal’ the order passed by the Bengaluru City Police Commissioner imposing Section 144 of the Code of Civil Procedure (Cr.PC) from December 19 to 21, 2019, ahead of a series of pro- and anti-Citizenship (Amendment) Act (CAA) rallies.
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- The court held that the order did not stand judicial scrutiny in terms of the parameters laid down by the Supreme Court.
- The HC said the City Police Commissioner, discharging his duty as the District Magistrate (DM) had failed to give “reasons” in his December 18, 2019, order invoking Section 144 in contravention to the parameters laid down by the apex court in the cases of Anuradha Bhasin Vs Union of India and the Ramlila Maidan Incident Vs Union of India.
- Section 144: Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area. According to the law, every member of such 'unlawful assembly' can be booked for engaging in rioting.
Sources
The Hindu