Violation Section 144 CRPC Orders Chandigarh Panchkula Mohali

Last Updated on May 6, 2020 by Legalseva.net

CONSEQUENCE OF VIOLATING SEC 144 CRPC ORDERS VIZ IPC VARIOUS SECTIONS
As we look into the present condition of India, people were initially battling for their rights against the CAA movement and rioting when the world got struck by the covid-19 pandemic. It seeped through India gradually and started affecting people at large number and government had no other option but to impose Section 144 all over the urban cities of India and which was later changed to a complete lockdown throughout the nation. From the current state of our nation, one can understand the effectiveness and importance of section 144. Section 144 is imposed by the Executive magistrate of the city due to many reasons like looting, rioting, protesting, stone- pelting etc. Under this section it prohibits the assembly of five or more people in a particular area and the section puts up constraint on carrying of weapons also.

 

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In case, anyone found violating it then every member of that “unlawful assembly” can be arrested for engaging into rioting and the imprisonment can be upto three years or fine or both.The section also gives the right to government to block internet facilities for a certain period. This section gives a lot of power in the hands of administrative authorities and can be used to undermine the fundamental rights of the citizens. Thus, it has been stated by the Supreme Court that if the section is used in callous and casual manner, it can lead to serious illegality. Therefore, section 144 should be imposed only as a protective measure to deal with any such violence and sustain public peace.

 

It has been often sought that section 144 is imposed to ban the protests or when public goes out of the control and can cause harm or injury to the ordinary public. This particular law was first introduced in 1861, where the executive has the power to order a person refraining from an act which might pose risk to human life or disrupt the public tranquillity. This power was used by the government only in cases of urgency and where a brisk decision had to be taken for public good. Such orders were passed for a period of two months to settle down the commotion among the public. But if the section is not used suitably, then the section may be declared unconstitutional for that particular condition.

 

Also Read- Section 144 CrPC news on TimesofIndia (IndiaTimes.com)
Section 144 of the Criminal Procedure Code, 1973 gives direct powers to the District Magistrate or any Executive Magistrate as directed by the State government to issue an order for any specific individual or general public of a particular area to abstain from certain act like it prohibits the gathering of five or more people. This decision is usually taken by the Magistrate when there is obstruction, annoyance or injury to any lawfully employed person or imminent danger to human life or there is probability of any rioting/ scuffle which can disrupt the public peace of the mentioned area. The Magistrate is conferred with powers which allow him to impose limitations on the liberties of individuals of a town, locality or region depending upon the gravity and urgency of the issue. Depending upon the emergency, the order may also ask the educational institutions to remain closed and put bars on conducting of rallies and even ban the use of internet in certain regions. Section 144 is a preventive tool and the main purpose of the section is to instil peace and harmony along with public safety and health to all.

 

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This section puts up an anticipatory restriction and is enacted only when there is apprehension of some potential danger to the general public or property. The scope of this section can be better understood with the principles laid down and explained in the case of Manzur Hasan v. Muhammad Zaman which were later approved and appropriated in case of Shaik Piru v. Kalandi Pati. The principles are as follows:

 

  • Main reason for imposing this order is preservation of public tranquillity and peace.
  • Urgency of the situation is the determining factor for imposition of the section.
  • Individual rights may be suspended for the time being as public interest should be looked is of greater importance.
  • Certain questions like entitlements to rights, disputes of civic nature and conflicts with respect to title of properties are not considered u/s 144.
  • The restriction should not affect the minor part of the radical community, instead it should be effective over a large section of the aggressive and militant group.
Also Read- Section 144: The need of the hour amid COVID-19 crisis
The magistrate should think twice before the imposition of this section, as it should be done only for maintaining the equilibrium of the society and avoid any violence towards the general public, or else the order may be declared unconstitutional if sufficient causes are not found. As per the section, the duration of the order cannot be more than two months, but to prevent human life and maintain safety from continuing violence or rioting the period of the order can be further extended to two more months with a maximum extension of six months. The order of section 144 can be lifted in case the situation becomes normal before the expiry of the first duration.

 

Also Read- Is Section 144 a violation of human rights?
Unlawful Assembly (section 141-149 of IPC)
As it has been stated above, that section 144 of the Criminal Procedure Code, 1973 gives a right to Magistrate to issue an order prohibiting any public gathering of five or more people and once the order is imposed even a peaceful assembly who has taken prior permission will be regarded as “unlawful” assembly only. Unlawful assembly can be understood as a group of people who assemble together purposefully with an intention to disrupt peace of the community. If group is about to initiate disturbance, then it is known as ‘rout’ but in case the mob starts off the turbulence then it is known as ‘rioting’. As per section 141 of the Indian Penal Code, 1860 an assembly of five or more persons known as “unlawful assembly” and have gathered with a common objective which is as follows-

 

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  • To intimidate central or any state government or parliament or any public servant by criminal force or showing of criminal force
  • To resist the implementation of any legislation or legal process
  • To commit mischief or criminal trespass or any other offence
  • To take possession of any property /to deprive any person of enjoyment of his incorporeal right that he possesses or enjoys / to enforce any right or supposed right by means of criminal force or show of criminal force
  • To compel any person to do what he is not legally bound to do or to make him omit to do what he is legally authorized to do
Also Read- What is Section 144 and why is it being used against protesters across the nation?
Thus, in case any of the above-mentioned happenings are witnessed by any of the assemblies, then they would be subject to the “unlawful assembly” and in case of section 144 even a lawful assembly will come under the purview of unlawful assembly as no gathering of more than five people is permitted. Any such person who has the knowledge of order goes against it and joins in any assembly and participates in the group activities is punishable as per the section 141-149 of the IPC, 1860. The person in violation of section 144 will be imprisoned for period upto three years or fine or both.

 

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Difference between Curfew and Section 144
Curfew and section 144 are two terms which are often read together and there is a lot of confusion with regard to their meanings. Curfew orders are imposed under cases where the situation goes out of hand and the government has to take strict actions in favour of larger public. In case of curfew, everyone has to stay in their houses for specified period and no other outdoor activity can be carried out during curfew period without the prior sanction of police. Schools, colleges, markets etc, are closed and only essential services are permitted to be open till the curfew ends. Curfew orders are also issued by the District Magistrate and can be extended looking into the condition of the area. Curfew is comparatively more stringent and can be called as the extended form of section 144. This is the last resort of the government to establish control and order in the town, city or region where complete shutdown has to be followed by everyone. Section 144 is way more lenient than curfew as section 144 puts bar on public gatherings and mob meetings and prevents any sort of unlawful assemblies whereas curfew puts complete bar on the movement of the people and only essential services are allowed to run.

 

Also Read- Analysis of Section 144 of CrPC
Section 144 is often criticized for giving extra powers to the Magistrate and state government which can be misused also, if they are not kept under appropriate checks and balances. In case, any individual thinks that their fundamental rights were at stake because of the imposition of section 144, then he/she can approach the high court by filing a writ petition. However, the major problem which arises is that before the judiciary gets a chance to intervene, it can be contended that the damage might be already done and rights might be infringed. Hence, while approving section 144 the magistrate should measure the degree of urgency and only then move ahead with the execution of this order. As in case of absence of the specific objectives required for approval of this order, it can be claimed that this section gives overwhelming power to the executive branch over which the judiciary has very limited access.

 

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For case specific advice please contact best/top/expert Criminal Lawyers Advocate in Chandigarh Panchkula Mohali Zirakpur Panchkula Baltana Kharar Derabassi etc.
This post is written by Rhea Banerjee .
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