The Government has imposed Section 144 of the Criminal Procedure Code in South Goa which bars assembly of five or more persons at a place. It is no secret that Section 144 has been invoked to quell escalating public protests against those controversial projects. Restricting people’s movement has a direct consequence on the fundamental rights of the public.
Earlier this year after this section was being repeatedly imposed in various States the Supreme Court came down heavily on the authorities while ruling that Section 144 which imposes restrictions on citizens' fundamental right to assemble peacefully, cannot be invoked as a tool to prevent the legitimate expression of opinion or grievance or exercise of any democratic rights. The Court ruled that the power under Section 144, being remedial as well as preventive, is exercisable when there is an apprehension of danger, but that the danger contemplated should be in the nature of an emergency. Stating that while exercising this power, the magistrate is duty bound to balance the rights and restrictions based on the principles of proportionality and thereafter apply the least intrusive measure, the Supreme Court held that repetitive orders under Section 144 amounts to abuse of power. The Court also held that where fundamental rights of the citizens are being curtailed, the same cannot be done through an arbitrary exercise of power but must be based on objective facts. Aires Rodrigues Advocate High Court C/G-2, Shopping Complex Ribandar Retreat, Ribandar – Goa – 403006 Mobile No: 9822684372 Office Tel No: (0832) 2444012 Email: [email protected] Or [email protected] You can also reach me on Facebook.com/ AiresRodrigues Twitter@rodrigues_aires www.airesrodrigues.com
