Political instability lead to imposition of Section 144 of CrPC – Judiciary Exams -Free PDF

Maharashtra Political Crisis and Imposition of Section 144 of CrPC

Political Crisis

• India’s richest state, Maharashtra, is witnessing high political drama that has put the fate of its government in jeopardy.
• Around 35 lawmakers – led by an influential state minister, Eknath Shinde – are holed up in a hotel in Guwahati city.
• Mr Shinde – who has been part of the Shiv Sena for decades – claims that he is acting in the interests of his party.
• To avoid disqualification under India’s anti-defection law, Mr Shinde needs the support of 37 lawmakers in the state.
• Mr Shinde has claimed he is not breaking away from the Shiv Sena and that the lawmakers will carry forward the Hindu nationalist legacy of the party’s founder Balasaheb Thackeray – the chief minister’s late father.

Imposition of section 144 CrPC

• The Thane District Administration has already imposed Sec 144 CrPC in the district till July 10 in view of the political uncertainty.
• City police met with the top brass of state police officials and decided to secure the offices and houses of political parties and leaders.
• A few incidents of attack on the offices of rebel MLAs have taken place in parts of the state.
• The prohibitory orders issued as it bans the assembly of five or more persons at one place.

What is section 144 of CrPC?

• This law empowers the magistrate of any state or union territory in India to pass an order prohibiting the gathering of four or more people in a specified area.
• It is imposed in urgent cases of nuisance or apprehended danger.
• This order can be passed against a particular individual or general public

Features of Section 144:

• •  It places restrictions on handling or transporting any kind of weapon in the given jurisdiction.
  • The maximum punishment for such an act is three years.
  • According to the order under this section, there shall be no movement of public and all educational institutions shall also remain closed.
  • Further, there will be a complete bar on holding any kind of public meeting or rallies during the period of operation of this order.
  • It is deemed a punishable offence to obstruct law enforcement agencies from disbanding an unlawful assembly.
  • It also empowers the authorities to block internet access in the region.
• Duration of Section 144 Order:
  • No order under this section can remain in force for a period of more than 2 months.
  • Under the state government’s discretion, it can choose to extend the validity for two more months with the maximum validity extendable to six months.
  • Once the situation becomes normal, Section 144 levied can be withdrawn.

What is the Difference between Section 144 and Curfew?

• Section 144 prohibits the gathering of four or more people in the concerned area, while during curfew people are instructed to stay indoors for a particular period.
• Markets, schools, colleges and offices remain closed under the curfew and only essential services are allowed to run on prior notice.

Way forward:

• Section 144 is a useful tool to help deal with emergencies.
• The proceeding under this section, the Magistrate should hold an enquiry and record the urgency of the matter.
• There is a need to balance the granting of plenary powers.

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