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Drama over dharnas: DCP North annuls order banning protests outside Delhi CM Arvind Kejriwal's house

Section 144 of Cr PC has been imposed outside Delhi Chief Minister Arvind Kejriwal's house by the NCT government.

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Update: The DCP North annulled an order issued by the sub-district magistrate saying he (SDM), doesn’t have the power to ban protests or demos outside CM’s house.

Delhi Chief Minister Arvind Kejriwal, a man whose political career was built on dharnas (protests) has ostensibly banned demonstrations in front of his official residence. The NCT government has imposed Section 144 outside the CM’s residence in Delhi on the ground that "any demonstration, protests or dharna will create public nuisance and serious law and order problems", reports India Today.

Section of 144 of the CrPC, prevents assembly of more than four people, and was imposed by Civil Lines sub-divisional magistrate BK Jha. In a two-page order, Jha reportedly wrote: “The coming month of August has many festivals such as Independence Day, Raksha Bandhan, Parsi New Year and Janmashtami. People in general used to visit the chief minister and officer's residence during festive seasons. Therefore, it is apprehended that any demonstration, protests or dharna will create public nuisance and serious law and order problems."

Arvind Kejriwal's political career took off after he part of Anna Hazare's India Against Corruption (IAC) movement and even as CM, Kejriwal has participated in dharnas

In case you’re interested here’s the complete bit about Sec 144 from Code of Criminal Procedure 1973:

 

144. Power to issue order in urgent cases of nuisance of apprehended danger.

(1) In cases where, in the opinion of a District Magistrate, a Sub- divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, of an affray.

(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.

(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.

(4) No order under this section shall remain in force for more than two months from the making thereof: Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.

(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor- in- office.

(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub- section (4).

(7) Where an application under sub- section (5) or sub- section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing. D.- Disputes as to immovable property

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