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| Bar challenges restrictions under section 144 of CrPC | | | Early Times Report
Jammu, Aug 11: The J&K High Court Bar Association, Jammu, through its General Secretary A P Singh, today filed a petition seeking quashment of order No 54 DMJ of August 1, 2015 whereby the district magistrate, Jammu, has imposed restrictions under section 144 of CrPC within the municipal limits of all Jammu tehsils.
In the writ petition filed through advocates it is alleged that the impugned prohibitory order is vindictive, illegal, unconstitutional and actuated with malafide exercise of power. The sole aim of the prohibitory order is to defuse the momentum of agitation of AIIMS Coordination Committee (ACC) which is receiving mammoth response from the people of Jammu Province and the district magistrate, Jammu, issued the order impugned just to crush the popular movement for establishment of AIIMS in Jammu.
It is alleged in the petition that the local police crossed all the limits of decency when it used lathies on the innocent Bar Members including its President. Not only this, teargas shells were used upon the protesting lawyers and other Members of the AIIMS Coordination Committee. Even police personnel were caught on camera while damaging the vehicles of the protestors and false/frivolous FIRs were lodged against the senior functionaries of ACC.
It is further averred in the petition that section 144 CrPC deals with immediate prevention and speedy remedy and before invoking such a provision, the statutory authority must be satisfied regarding the existence of the circumstances showing the necessity of an immediate action. The sine qua non for an order under Section 144 Cr.P.C. is urgency requiring an immediate and speedy intervention by passing of an order. Such a provision can be used only in grave circumstances for maintenance of public peace. The emergency must be sudden and the consequences sufficiently grave but in the present case there is complete non-application of mind as a bare perusal of the impugned prohibitory order refers to the inputs received by District Magistrate Jammu from SSP, Jammu which are factually incorrect as Police since inception of the agitation has been cruel/brutal to the agitating lawyers and other ACC members. The agitation all along has remained peaceful and it is only the police which used undue force to create law and order problem and the impugned order was issued when there was no such emergent situation as contemplated under Section 144 Cr.P.C.
The association also sought directions to the District Magistrate Jammu not to cause any obstructions while making announcements through public address system for the celebration of forthcoming Independence Day. The counsel made a mention in the Court of Justice Janak Raj Kotwal and requested for listing the instant petition today in view of its emergent nature and after considering his submissions, Justice Kotwal directed Registry to list this case tomorrow.(JNF) |
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