What is Section/Dhara 144?
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What is section 144?
Under the Criminal Procedure Code (hereinafter the Code) wide powers have been conferred on an Executive Magistrate to dea with emergent situations. One such provision deals with the Magistrates powers to impose restrictions on the personal liberties of individuals, whether in a specific locality or in a town itself, where the situation has the potential to cause unrest or danger to peace and tranquility in such an area, due to certain disputes. In brief, Section 144 confers powers to issue an order absolute at once in urgent cases of nuisance or apprehended danger. Specified classes of magistrates may make such orders when in their opinion there is sufficient ground for proceeding under the section and immediate prevention or speedy remedy is desirable. It requires the magistrate to issue the order in writing setting forth the material facts of the case and the order is to be served in the manner provided by section. 134 of the Criminal Procedure Code. The wording of the section envisages a situation wherein the power provided there under may be exercised on the assessment of the Magistrate himself - a subjective satisfaction. However, the judicial pronouncement as dealt with in the paper, aptly show that certain stringent conditions have been imposed by the Courts on this most plenary powers. Therefore, as the case law discussed would indicate, not only would the Court consider the situations as assessed by the Magistrate but would also take into cognizance factors as to whether the orders issued under section 144 were vague or directed to a specific person.
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