The Delhi High Court on Tuesday issued a notice to Delhi Police on a plea challenging the imposition of restrictions on the gathering of people at and around India Gate during the December 16 related gang-rape protests.
A division bench of the high court, comprising Chief Justice D Murugesan and Justice V.K. Jain, asked the city police to explain how a special executive magistrate could be vested with the power to impose prohibitory orders under Sction 144 of the CrPC for up to six months despite the same being contrary to the fundamental rights of citizens.
The court sought a response from the police within two weeks and posted the matter for further hearing on February 6.
The court was hearing a public interest litigation filed by advocate Anand K Mishra, challenging the decision to impose Section 144 of the CrPC, which prohibits the assembly of five or more people at and around India Gate.
Faced with a sudden angry public upsurge over the gang rape of a 23-year-old woman, Delhi Police had imposed Section 144 of the CrPC to maintain law and order in and around India Gate.
The victim, a physiotherapy student, was brutally raped and assaulted in a moving bus on the night of December 16, 2012. She died of her injuries on December 29, 2012 in the multi-specialty Mount Elizabeth Hospital in Singapore.
Her male friend, who was accompanying her that day, was also assaulted by the accused and both of them were thrown off the bus.