Is Every Protest Violent?
Karnataka High Court has asked the government that is every protest is presumed to be violent while allowing the petition against the state for issuing of order in exercise of the section 144 of the CrPC, 1973. The case is presented before Chief Justice Abhay Oka & Justice Pradeep Singh Yerur.
In this case permission letter was issued on 18th December 2019 to the organization conducting protest against the Citizenship (Amendment) Act i.e. CAA. The order was issued in practice of powers under ‘clause (o) of sub-section (1) of section 31 of the Karnataka Police Act, 1963.’ But this order was rendered impugned by an order passed by the state under the powers of section 144 of the CrPC, 1907. The petitioners have also claimed this move by the state as complete arbitrariness. They have also urged that “formation of an opinion by the District Magistrate who is empowered to pass the order under section 144 of the CrPC must be reflected in the order passed under the section 144 of CrPC. They have also urged that “lawfully granted permissions cannot be set at naught by passing a blanket order section 144 of the CrPC
The Learned Advocate General for the state had submitted that the state is authorized to pass such orders to protect law & order. ‘State is the custodian of the fundamental rights of the citizens, but at the same time, if situation warrants, it is the duty of the state to take preventive measures for maintaining law & order. He also quoted MADHU LIMAYE V. SUB-DIVISIONAL MAGISTRATE, MONGHYR & ORS. & submitted that such extreme orders have to be passed if there’s a possibility of anti-social groups involved in peaceful protests. He also referred towards the cancellation of permission orders issued to the rally in support of CAA which was to be held on 22nd December.
But the court was not concerned with the subject matter of the protest. They were concerned ‘with the decision making process adopted by the State Government while passing a drastic order under Section 144 of Cr.P.C., which undoubtedly, curtails the fundamental rights conferred on citizens under Articles 19 (1)(a) and 19 (1)(b) of Constitution of India.’ The opinion(s) leading to the implementation of section 144 of the CrPC is not provided in the order. The court will look into the legality of the proclamation of the order exercised under section 144 of the CrPC.
The court has allowed the petition. Also, the court has directed the state to file their objection till 6th January 2020.
Harsh Vardhan Gupta
Student Reporter