Power of Police and Magistrate Under Section 144 of the Code of Criminal Procedure: a Critical Analysis in the Light of Recent Judicial Pronouncements

Abstract

Section 144 of the Code of Criminal Procedure is imposed in cases where these is a need to immediately avoid or to provide for speedy remedy for obstruction, annoyance or injury to any injury to any person lawfully employed. It may be imposed in cases of danger to human life, health or safety. It is relevant in all cases of disturbance of public tranquillity, riot or an affray. It is not an exaggeration to say that Section 144 is one of the most popular legal provision among the common masses of the nation – perhaps its implications are so dreadful. Section 144 has been interpreted many times by the judiciary. There are certainly many lapses in the text of the provision. However, with judicial caveats issues from time to time along with certain suggestive guidelines, the effectiveness of Section 144 has been made fairer than just a scary imposition of curfew. However, despite such guidelines and provisional suggestions, there are incidences of misuse of Section 144. Are these really incidences of ‘misuse’ as per previous judicial pronouncements? What is the stand of judiciary on execution of orders under Section 144 in the recent past? What is the scope and ambit of true powers of Police and Magistrate under Section 144? These are some of the questions that the following paper looks forward to address. The paper entails with itself a deep analysis of relevant and contemporary judicial pronouncements and a critical appreciation on how the best interests of the public have been preserved despite the turbulent times.