Gujarat High Court Quashes Repetitive Section 144 Orders for Violating Fundamental Rights

Court mandates transparency and public awareness for future notifications under Section 144 and Gujarat Police Act.

In a landmark judgment, the Gujarat High Court has quashed the repetitive issuance of Section 144 notifications by the state authorities, citing violations of fundamental rights. The court, presided over by Justice M.R. Mengdey, ruled that the notifications, which restricted public gatherings in Ahmedabad, lacked the necessary justification and transparency, thereby infringing upon citizens' constitutional rights to protest.

The judgment came in response to a petition filed by Navdeep Mathur and others, challenging the continuous issuance of Section 144 notifications from 2016 to 2019. These notifications were purportedly aimed at curbing unrest but were criticized for not being publicized adequately, leaving citizens unaware of their existence.

Justice Mengdey emphasized that such orders should only be used in emergent situations and must be supported by material facts and a proper inquiry. The court noted that the repetitive issuance of these notifications circumvented the statutory two-month limit prescribed under Section 144 of the Code of Criminal Procedure, 1973, now Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Furthermore, the court directed that future notifications must be widely publicized through modern communication channels, including social media, to ensure public awareness. The judgment also highlighted the necessity for authorities to explore alternative measures before imposing blanket restrictions that could infringe on democratic rights.

The court's decision underscores the importance of adhering to procedural safeguards and maintaining transparency to prevent the misuse of statutory powers. This judgment is expected to set a precedent for how Section 144 and similar provisions under the Gujarat Police Act should be implemented in the future.

Bottom Line:

Notifications issued under Section 144 of the Code of Criminal Procedure, 1973 [Section 163 of Bharatiya Nagarik Suraksha Sanhita, 2023], must adhere to procedural safeguards, including stating material facts, ensuring transparency, and providing adequate notice to the affected parties. Repeated issuance of such notifications without valid reasons and adequate publicity violates fundamental rights.

Statutory provision(s): Article 226 of the Constitution of India, Section 144 of the Code of Criminal Procedure, 1973, Section 163 of Bharatiya Nagarik Suraksha Sanhita, 2023, Section 37 of Gujarat Police Act

Navdeep Mathur v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2819305