The Madras High Court has set aside an order of the Puducherry Collector prohibiting a person alleged to be a history-sheeter from entering the Union Territory for two months under Section 144 of the Code of Criminal Procedure (Cr.P.C.).
Striking down the prohibitory order dated March 31, Justice M. Venugopal said, “The order has been passed merely on the opinion of the District Magistrate (Collector), which is cemented only on presumptions, surmises and conjectures. There is no proof of positive material to satisfy the subjective conscience of this court to justify the order.”
Judge’s observation
The judge made the observation on a criminal revision petition moved by Laloo alias Lemon Anandaraj.
In his order, Collector S. Sundaravadivelu has said, “…Based on the report laid before me, I am of the opinion that if you are allowed to reside within the limits of Puducherry, you will indulge in serious offences like murder, assault, extortion … such situations cannot be handled effectively by taking recourse to usual procedures contemplated by law. Hence, it is necessary that special provision under Section 144 of the Cr.P.C. be invoked to take action against you to prevent harm to life and properties of innocent citizens and uphold public order.” Claiming that the Collector has failed to provide any opportunity for him to submit his contentions, the petitioner argued that the officer has passed the order without application of mind.
Allowing the plea, Justice Venugopl said that law does not permit using Section 144 (Power to issue order in urgent cases of nuisance of apprehended danger) of the Cr.P.C. for any political or extraneous consideration.
It should never be passed on the mere opinion of officials or individuals who may be entertaining such prejudices without affording an opportunity to the affected person.
Collector had prohibited an history-sheeter from entering UT under Section 144
