Government withdraws Section 144 from Jantar Mantar

Giving a breather to protesters who hold protest at Parliament street and Jantar Mantar, the government on Tuesday informed the Delhi high court that the decade old Section 144 of Criminal Procedure Code (ban on unlawful assembly) is withdrawn from the areas and will be imposed only in emergency situations.

At present, any protest group who want to hold protest at Jantar Mantar or adjoining areas will have to seek permission from the local police. Under the present notification, the government cannot impose section 144 anytime except the emergency situations to maintain law and order. The government’s response came on a PIL filed by Banoo Bee, an activist associated with an organisation working for victims of the Bhopal gas tragedy and challenged the prohibitory orders and continuous imposition of section 144.

Bano Bee had approached court after the police refused to allow her to hold a protest march in support of victims of the gas tragedy in July.

Advocate Prashant Bhushan, appearing for her, contended that the police have been invoking section 144 for many years in perpetuity which is illegal. “Right to protest is a fundamental right and it cannot be banned. At the most, there can be some reasonable restrictions on holding protest. New Delhi, being the centre of power, is the most appropriate place to hold protests and the government cannot put a blanket ban on it,” the advocate said in its petition.

They also demanded a designated area where protests can be held unhindered. Section 144 of the CrPC empowers a magistrate to issue prohibitory order to prevent breach of peace.