IANS | 19 Apr, 2024
In an interim direction, the Supreme Court on Friday ordered
authorities should decide on, within three days, the applications
seeking to hold public meetings where blanket prohibitory orders under
Section 144 CrPC are in force due to the Lok Sabha polls.
A bench
of Justices B.R. Gavai and Sandeep Mehta issued notice on a public
interest litigation (PIL), challenging blanket orders passed by
magistrates and state governments under Section 144 of the Code of
Criminal Procedure (CrPC) prohibiting meetings, gatherings, processions,
or dharnas ahead of every Lok Sabha or Vidhan Sabha election, and until
the declaration of results.
The plea, filed through advocate
Prasanna S., said that these blanket prohibitory orders directly affect
civil society and the general public, preventing them from freely
discussing, participating, organising, or mobilising on issues affecting
them ahead of elections.
It contended that these prohibitions
apply to all persons including those who do not belong to a political
party or candidate, irrespective of the agenda or purpose.
Citing
the orders passed by some Magistrates in Rajasthan during the 2023 state
elections and the forthcoming general polls, in addition to similar
orders issued in parts of Delhi and Gujarat, the plea said: "The
authorities cannot act merely on the conjecture that there will be a
public order issue merely on the grounds of elections having been
announced."
It prayed for setting aside all such Section 144
orders and directing the competent authorities to withdraw and if
necessary, reissue localised orders only to the extent necessary based
on objective material.
The matter will be heard again after two weeks.
