City no stranger to section 144 of CrPC

VARANASI: Many city residents were surprised at Delhi police's 'overboard drive' to highlight the issue of enforcing prohibitory orders under section 144 of CrPC in a specific area to restrict anti-corruption crusader Anna Hazare from beginning his hunger strike at JP Park.

The district administration of Varanasi, which is a highly sensitive city, keeps such orders promulgating round the year.

When TOI tried to take stock of the records of the district administration of last the 12 months, it was found that the section 144 enforced in the district on July 16, 2010, continued till September 3, 2010. After it, the prohibitory orders were enforced again from September 4, 2010, to October 30, 2010.

Again on November 1, 2010, this order became effective in the district till December 26. On the very next day, the same order was made effective till February 21.
The prohibitory orders became effective again on February 22 and continued till April 15.
On April 16, the district administration promulgated section 144 and it continued till June 12. The same orders were made effective from June 13 till August 5, and against from August 6 till September 25.

In the latest prohibitory orders issued under section 144 by the ADM (city) M P Singh, it was mentioned, "In festivals like Janmashtami, Eid, Vishwakarma Puja, exams at different institutions, programmes by political and religious organisations, anti-social and mischievous elements could cause disturbance. To check the activities of such elements in order to maintain law and order and peace, enforcing prohibitory orders is a must."

As per this order, moving with arms and ammunition especially at public places, distribution of hand bills to cause disturbance, forcing closure of shops, use of loud speakers, storage of explosives and materials for destruction, gathering of five or more persons at a place, disturbing traffic, operating photocopy machines near any examination centre and some other activities are prohibited.

In case of violation of these orders, action under section 188 of the IPC was prescribed in the order issued by the city ADM.

The content in almost all the orders issued for promulgating section 144 in the district remains the same.

But this order is mainly followed by those organisations which hold any sit-in stir or demonstration or those who execute their plan after seeking permission from the district administration only.

However, the orders prohibiting people from carrying arms and ammunition at public places and use of loud speakers are often violated in the city.

When some police officials were contacted to know what action has been taken under section 188 in case of violation of the orders issued under section 144, no cop was able to give a proper reply.

The senior officials surely mentioned that initiating action under section 151 (breech of peace) was more convenient for the police in case of such violations due to typical technicalities of section 188.