Rape protest: HC to hear PIL against invoking Sec. 144

Updated - June 15, 2016 10:32 pm IST

Published - December 28, 2012 05:56 pm IST - New Delhi

The Delhi High Court on Friday agreed to hear a PIL challenging imposition of prohibitory orders in and around India Gate here on the ground of maintaining public tranquillity during the stir against the gang rape of a girl.

“We are simply re-notifying the matter on next Wednesday (January 2),” a bench of justices Siddharth Mridul and Pratibha Rani said.

During brief hearing, Additional Solicitor General Siddharth Luthra, appeared for Delhi police and justified the imposition of prohibitory orders under Section 144 of CrPC (dealing with power to issue order in urgent cases of nuisance or apprehended danger) saying it was necessary to maintain public tranquillity.

Justice Mridul, however, said that the matter be heard on January 2.

Anand K Mishra, a Delhi-based lawyer, filed the PIL against the Ministry of Home Affairs, city government and the police seeking a direction to declare as “unconstitutional and illegal” the prohibitory orders issued on December 22.

Seeking framing of “guidelines for imposition of restrictions u/s 144”, the PIL said “penalties be imposed on Respondents” for misusing law to curtail citizens’ fundamental right to “move freely and assemble peacefully.”

“The police have further been acting in derogation of that illegal order imposing total ban and creating curfew like situation around India Gate restricting the magistrate, lawyers, court staff, people and litigants from approaching Patiala House Court complex under the garb that they apprehend problem to public order,” it said.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in


Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.