SECTION-144 IMPOSED: How It Affects The Common Life

As per 144 Cr. P. C. the District Magistrate or SDM or any other Executive Magistrate is empowered to issue written prohibitory orders in urgent cases of nuisance or apprehended danger. As per section 146 of Delhi Police Act 1978, the Commissioner of Police shall exercise all powers and discharge all functions which may be exercised or discharged by a District Magistrate under the Act and Commissioner of police may authorise his lower rank officer up to ACP to exercise any of the powers given to CP under this provision. In NCT Delhi, the police officer may also issue written prohibitory orders u/s 144 Cr. P. C. and maintains law and orders. ACsP sub divisions are promulgating such orders time to time in Delhi under this provision. The order of invoking this order shall include all the material facts of the case and direct any person to abstain from a certain act or to take certain order in order to prevent, obstruction, annoyance or danger to human life, health or safety or disturbance of the public tranquility or a riot or an affray.

This order in cases of emergency may be passed ex-parte without due notice to the individual. No order under this section shall remain in force for more than two months normally but in special circumstances the State Government through further notification may extend it for not exceeding six months.

The competent authority may either on his own motion or on the application of any person aggrieved, rescind or alter any such order any time. Further, the DM or SDM or Executive Magistrate or the competent police officer as per section 144A may also issue a separate written order within the local limits of his jurisdiction and prohibit carrying arms in procession or mass drill or mass training with arms. Such an order, in case practically not possible to serve on the person against whom it is made, may be notified by proclamation, published and pasted at conspicuous places for the information of the general public. In case the duly promulgated above written order issued by a public servant is violated or disobeyed, the violator may be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both. But if such disobedience or violation causes danger to human life, health or safety or causes a riot or affray, shall be punished with up to 6 months imprisonment or with fine which may extend to one thousand rupees or with both. The order issued under this section is an executive order not a judicial or semi judicial order and amenable to writ law and revision to protect Fundamental Rights of the citizen.

There is a difference in normal order of 144 Cr.P.C. and Curfew (complete restriction of movement in the given area).As far as possible, customary rights of a community should not be disturbed by such orders.

DM/SDM/ACP may issue such prohibitory orders for their respective jurisdictional area whereas the Commissioner of Police may issue such orders to be executed in all parts of Delhi.