Power To Issue Order In Urgent Cases Of Nuisance Or Apprehended Danger
Code:
This section deals with the power of a Magistrate to issue orders to prevent imminent danger to public peace, safety, or health.
(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 153, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquility, or a riot, or an affray.
(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area. It can also be to the public generally when frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof: Provided that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him or by his predecessor-in-office.
(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).
(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.
Explanation
This section empowers a Magistrate to issue orders to prevent imminent danger to public peace, safety, or health. It is commonly used to prevent gatherings, protests, or other activities that could potentially lead to violence or disruption.
Illustration
- A Magistrate may issue an order prohibiting public gatherings in a particular area due to tension between two groups.
- A Magistrate may prohibit the sale of firecrackers during a period of drought to prevent the risk of fire.
- A Magistrate may issue an order restricting movement in an area affected by a natural disaster to ensure safety.
Common Questions and Answers: Power To Issue Order In Urgent Cases Of Nuisance Or Apprehended Danger
Q: What are the grounds for issuing an order under Section 144?
A: The Magistrate must believe that there is ground to believe that threat exists to public peace, safety, or health. This threat could be due to potential violence, riots, public disturbances, or other imminent dangers.
Q: Can an order under Section 144 be passed ex parte?
A: Yes, in cases of emergency or when immediate action is necessary. The Magistrate can pass an order ex parte (without hearing the affected person).
Q: For how long can an order under Section 144 remain in force?
A: The maximum duration of an order is two months. However, the State Government can extend this period for up to six months if necessary. This is to prevent danger to human life, health, or safety.
Q: Can the affected person challenge an order under Section 144?
A: Yes, the affected person can apply to the Magistrate or the State Government to rescind or alter the order. They have the right to be heard before the order is rejected.
