Certain prayers on section 144 need to be heard: Gujarat HC.
Source – indianexpress.com
The Gujarat High Court (HC) on Wednesday acknowledged that certain prayers in the petition challenging the continuous prohibitory orders issued under Criminal Procedure Code (CrPC) section 144, read with certain provisions of the Gujarat Police (GP) Act, need to be considered, even as the state government sought for more time to file an affidavit responding to the contentions raised in the petition.
A draft amendment was introduced by the petitioners on Wednesday, mentioning three recent orders issued in Ahmedabad city by police commissioner Ashish Bhatia. One order, issued on January 14 and operational from 1 am of January 17 to 12 am of January 31, prohibits not only use of weapons or/and any substance that causes bodily harm but also prohibits people from shouting in public, singing songs or playing any instruments. The order also prohibits from displaying a dead body or effigies.
Another order issued on January 13 and operational from January 14 to January 31 prohibited people from flying kites on the highway and from flying kites in any way that may cause injury. Uttarayan was celebrated by flying kites on January 14 and 15.
A third order dated January 10, effective from January 11 to January 25, stated, “At present, Ahmedabad city saw violent conduct by mob in Shah-e- Alam and other areas during various events held in support and against CAA… Shortly, Uttarayan will be celebrated. …so that anti-social elements do not disturb the city, we are issuing this caution…” It prohibited any procession or assembly of more than four persons during this period.
The draft amendment, containing the fresh orders, was allowed by Justice SH Vora who is hearing the matter.