S.144 CrPC | Decide Applications Seeking Permission For Public Gatherings Amidst Lok Sabha Elections Within 3 Days : Supreme Court To Authorities
The Supreme Court today issued notice on a plea filed against passing of 'blanket' orders under Section 144 CrPC (prohibiting public meetings, etc) ahead of Lok Sabha/Vidhan Sabha elections and directed that any applications of the nature filed by the petitioners shall be decided by the competent authority within 3 days of filing.The bench of Justices BR Gavai and Sandeep Mehta was hearing...
The Supreme Court today issued notice on a plea filed against passing of 'blanket' orders under Section 144 CrPC (prohibiting public meetings, etc) ahead of Lok Sabha/Vidhan Sabha elections and directed that any applications of the nature filed by the petitioners shall be decided by the competent authority within 3 days of filing.
The bench of Justices BR Gavai and Sandeep Mehta was hearing a public interest litigation filed by activists Aruna Roy and Nikhil Dey, when it passed the order having pan-India application.
Advocate on Record Prashant Bhushan appeared for the petitioners and submitted, "something very fantastic is happening. In the last 6 months, blanket orders under 144 are being issued for the whole duration of the elections from the time of announcement of the election by the Election Commission till the end of the election, prohibiting all assemblies, meetings, demonstrations, etc."
Surprised, Justice Gavai questioned, "how can such orders be issued?"
Adding to the submission, Bhushan pointed to three Constitution bench decisions to aver that there has to be some "well-founded apprehension of breach of peace" before Section 144 CrPC orders are passed.
At this point, Justice Mehta asked Bhushan to take the court through any one of such notices/orders. In compliance, Bhushan referred to an order passed on March 16 by the District Magistrate of Barmer. This order read thus:
"Lok Sabha elections have been announced by the Election Commission...As per the instructions of the Election Commission, the Lok Sabha elections should be conducted in a peaceful, free, fair, well-organized manner...No person will be able to organize a procession or public meeting without the prior written permission of the concerned Returning Officer but this restriction will not apply to marriage ceremonies and funeral processions."
The counsel claimed that the petitioners, who were desirous of conducting a "democracy yatra" to educate the voters about exercising their democratic rights, were asking for a very limited interim order: that their application seeking permission to conduct the yatra, etc. be decided within 48 hours. He highlighted that permission was also sought with respect to Assembly elections in last years' November-December, however, the same was not granted.
After hearing Bhushan, the court issued notice in the matter. Justice Gavai dictated: "by way of interim order, we direct that if any such application is made by the petitioner to the competent authority, the same shall be decided within a period of 3 days from making of such application".
At this stage, Bhushan prayed that the notice may be made returnable shortly, "because this order (under Section 144) is coming in the way of everything". Initially, Justice Gavai said 3 weeks, but Bhushan pleaded that an earlier date may be given else "elections will all be over essentially".
Finally, notice was made returnable in 2 weeks. Although, Justice Gavai could be heard saying to Bhushan, "elections are upto June".
Before parting, the counsel notably prayed that the order may be made applicably across the country, saying "this is an innocuous order we are seeking". In response, Justice Gavai amended the order to read "if anyone submits (an application)" instead of "if the petitioner submits (an application)".
The PIL was filed through Advocate on Record Prasanna S.
Case Title: Aruna Roy and Anr. v. Union of India, W.P.(C) No. 249/2024