Why is section 144 permanently imposed in certin pockets of Delhi? It dilutes and trangresses on freedom of peaceful assembly. I fail to understand the logic of it all.
Why is section 144 permanently imposed in certin pockets of Delhi? It dilutes and trangresses on freedom of peaceful assembly. I fail to understand the logic of it all.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 22 September 2011
144 Crpc
1) In cases where, in the opinion of' a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material fact of the case and served in the manner provided by section 134, direct any person to abstain from it certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance of injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, or an at-fray.
(2) An order under this section may, in cases of' emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex-parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting it particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof.
Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any, affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate Subordinate to him or by his predecessor-in-office.
(6) The State Government may either on its own motion or on the application of any person aggrieved, rescind or alter an order made by it under the proviso to sub-section (4).
(7) Where an application under subsection (5), or sub-section (6) is received, the Magistrate, or the State Government, as the case may, be shall afford to the applicant an early, opportunity of appearing before him or it, either in person or by pleader and showing cause against the order, and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part he or it shall record in writing the reasons-for so doing.
Democratic Indian (n/a) 22 September 2011
Originally posted by :Nina Roberts | ||
" | Why is section 144 permanently imposed in certin pockets of Delhi? It dilutes and trangresses on freedom of peaceful assembly. I fail to understand the logic of it all. | " |
Your query is reasonable, especially if someone knows and has experienced the extent of freedoms enjoyed by the free people in countries where the fundamental rghts of the people are protected clearly by something actually meaningful, like the 2nd Amendment to the US Constitution.
You will be surprised to know that even though arms are a fundamental right under Articles 19 and 21 of the Constitution of India, the Constitution chickens out and suspects every citizen in Article 19(1)(b) where it refuses to take the burden on itself, if its own people assemble peacably with arms. Such is the level of distrust even in the Constitution(of the people, by the people, for the people) in matters of peacable assembly!
Also in order to further their interests and to dilute and transgress the fundamental rights, the nexus of the ruling elite in power(executive, legislature and judiciary) and helped by general ignorance and indifference of the people has made many changes in the Constitution. If you read the Indian Constitution, you will find that all the freedoms guaranteed under the Constitution are unlike the American Constitution. Instead in order to suit their interests and create confusion about the State interest, the nexus of ruling elite has been doing constant Amendments to the Constitution, have put the fundamental rights under some clever riders(like "reasonable restrictions", "morality" etc.). The Section 144 CrPC would come under "reasonable restrictions" for the purpose of State interest. But permanent imposition of Section 144 CrPC does not seem to be a "reasonable" restriction unless there is some seige like situation going on permanently!
You will be surprised to know that in order to suit the purposes of the ruling elite, within a short span of time of around 60 years almost 100 Amendments have been done to the Indian Constitution! Whereas only around 27 Amendments were done to the American Constitution in more than 200 years. I think now you can understand where exists the difference!
You have a beautiful answer to my query. Very fair especially the photo is a message which is loud and clear but rightly so. My answer to that fotos question lies in AMAZON COM from where you can purchase a DVD of a most beautiful Movie Classic "TO KILL A MOCKING BIRD" staring Gregory Peck. Its a B/W movie but you'll simply love it. You might try reading it in WIKIPEDIA or AMAZON REVIEWS. Your intellect tells me that you'll simply love this movie. Its about execution of a totally innocent black man at the highest point of racial discrimination in America .One has to have a strong heart to see this movie. Gregory Peck is a lawyer whom the Judge specially visits at his small house and requests Gregory to take up this case as the jury and the people were totally biased against the poor innocent victim of injustice. Gregory Pecks wins the case but the jury pronounces him GUILTY. THE INNOCENT MAN IS EXECUTED.
You can pay 1 or 2 Dollars to view this terrific story on AMAZON SITE.
Bill of Rights works if there is morality in human beings.I guess the same applies to Indian Constitution.