Tripura High Court Issues Notice To State Govt Over PIL Challenging Order To Prohibit Political Gathering In Agartala
The Tripura High Court today issued a notice to the State government on a Public Interest Litigation (PIL) petition challenging the order of the District Magistrate, West Tripura, prohibiting any kind of meeting/procession/public gathering by any political party in several parts of Agartala till November 4.For examining the issues involved in the plea, the Bench of Chief Justice Akil Kureshi...
The Tripura High Court today issued a notice to the State government on a Public Interest Litigation (PIL) petition challenging the order of the District Magistrate, West Tripura, prohibiting any kind of meeting/procession/public gathering by any political party in several parts of Agartala till November 4.
For examining the issues involved in the plea, the Bench of Chief Justice Akil Kureshi and Justice S. G. Chattopadhyay issued a notice, returnable for 5th October 2021.
Importantly, the petitioner submitted that the impugned order was passed without proper application of mind, without sufficient material available with the authority to form a belief that the situation was so emergent that such a blanket prohibition was necessary to be imposed, thereby suspending all political activities in the area.
He submitted that the authority had not considered the choice of least invasive restriction and the impugned order was passed in the exercise of powers under Section 144 of Cr. P.C. On the other hand, Advocate General had opposed the petition on the ground of its maintainability.
In related news, the Tripura High Court had last week dismissed a plea filed by the All India Trinamool Congress seeking permission to organize a protest rally despite State Government's order prohibiting all meetings, procession, public gatherings by any political party in the Sadar area till Diwali festival, 2021.
The petitioners argued that the government had actuated with malice in issuing the said prohibitory order dated 20.09.2021 and it is aimed only to restrain them from organizing any rally in the city of Agartala (scheduled for September 22 and was to be addressed by TMC MP Abhishek Banerjee).
The Bench of Justice Arindam Lodh perused the Government's order and noted that the government had considered various aspects on the eve of Durgapuja, the greatest festival of the State and that they have shown the reasons as to why the prohibitory order had been issued.
"In my opinion, this is a policy decision of the government. The power of this Court is very limited in this regard. Making a policy decision is absolutely within the domain of the executives. The Court cannot invade the power vested upon the legislatures as well as the executives unless and until fundamental right is breached," the Court further observed.
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