TaxTMI 
TaxTMI 
2012 (2) TMI 671
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....n of India and the parallel restrictions contemplated under Articles 19(2) and 19(3) respectively, I would also gauge the dimensions of legal provisions in relation to the exercise of jurisdiction by the empowered officer in passing an order under Section 144 of the Code of Criminal Procedure, 1973 (for short 'Code of Criminal Procedure.'). 2. It appears justified here to mention the First Amendment to the United States (US) Constitution, a bellwether in the pursuit of expanding the horizon of civil liberties. This Amendment provides for the freedom of speech of press in the American Bill of Rights. This Amendment added new dimensions to this right to freedom and purportedly, without any limitations. The expressions used in wording the Amendment have a wide magnitude and are capable of liberal construction. It reads as under: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 3. The effect of use of these expressions, in particular, was that....
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....free speech values and the Government's competing justification must be isolated and weighted in each case. Although the First Amendment to the American Constitution provides that Congress shall make no law abridging the freedom of speech, press or assembly, it has long been established that those freedoms themselves are dependent upon the power of the constitutional Government to survive. If it is to survive, it must have power to protect itself against unlawful conduct and under some circumstances against incitements to commit unlawful acts. Freedom of speech, thus, does not comprehend the right to speak on any subject at any time. In the case of Schenck v. United States 63 L ed 1173, the Court held: The character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that have all the effect of force....the question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they....
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....ing and publication should be printed legibly on every book or paper. 10. Thus, there is a marked distinction in the language of law, its possible interpretation and application under the Indian and the US laws. It is significant to note that the freedom of speech is the bulwark of democratic Government. This freedom is essential for proper functioning of the democratic process. The freedom of speech and expression is regarded as the first condition of liberty. It occupies a preferred position in the hierarchy of liberties, giving succour and protection to all other liberties. It has been truly said that it is the mother of all other liberties. Freedom of speech plays a crucial role in the formation of public opinion on social, political and economic matters. It has been described as a "basic human right", "a natural right" and the like. With the development of law in India, the right to freedom of speech and expression has taken within its ambit the right to receive information as well as the right of press. 11. In order to effectively consider the rival contentions raised and in the backdrop of the factual matrix, it will be of some concern for this Court to examine the con....
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....right that springs from Article 19(1)(a) is not absolute and unchecked. There cannot be any liberty absolute in nature and uncontrolled in operation so as to confer a right wholly free from any restraint. Had there been no restraint, the rights and freedoms may become synonymous with anarchy and disorder. (Ref.: State of West Bengal v. Subodh Gopal Bose AIR 1954 SC 92). 13. I consider it appropriate to examine the term 'liberty', which is subject to reasonable restrictions, with reference to the other constitutional rights. Article 21 is the foundation of the constitutional scheme. It grants to every person the right to life and personal liberty. This Article prescribes a negative mandate that no person shall be deprived of his life or personal liberty except according to the procedure established by law. The procedure established by law for deprivation of rights conferred by this Article must be fair, just and reasonable. The rules of justice and fair play require that State action should neither be unjust nor unfair, lest it attracts the vice of unreasonableness, thereby vitiating the law which prescribed that procedure and, consequently, the action taken thereunder. ....
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....ained in Part III itself and Article 13(4) of the Constitution, this Article is the reservoir of the fundamental protections available to any person/citizen. 17. While these are the guaranteed fundamental rights, Article 38, under the Directive Principles of State Policy contained in Part IV of the Constitution, places a constitutional obligation upon the State to strive to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which justice - social, economic and political - shall inform all the institutions of the national life. Article 37 makes the Directive Principles of State Policy fundamental in governance of the country and provides that it shall be the duty of the State to apply these principles in making laws. 18. With the development of law, even certain matters covered under this Part relating to Directive Principles have been uplifted to the status of fundamental rights, for instance, the right to education. Though this right forms part of the Directive Principles of State Policy, compulsory and primary education has been treated as a part of Article 21 of the Constitution of India by the courts, which consequent....
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..... Reasonability of restriction is a matter which squarely falls within the power of judicial review of the Courts. Such limitations, therefore, indicate two purposes; one that the freedom is not absolute and is subject to regulatory measures and the second that there is also a limitation on the power of the legislature to restrict these freedoms. The legislature has to exercise these powers within the ambit of Article 19(2) of the Constitution. 22. Further, there is a direct and not merely implied responsibility upon the Government to function openly and in public interest. The Right to Information itself emerges from the right to freedom of speech and expression. Unlike an individual, the State owns a multi-dimensional responsibility. It has to maintain and ensure security of the State as well as the social and public order. It has to give utmost regard to the right to freedom of speech and expression which a citizen or a group of citizens may assert. The State also has a duty to provide security and protection to the persons who wish to attend such assembly at the invitation of the person who is exercising his right to freedom of speech or otherwise. In the case of S. Rangaraj....
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....ble and whether the purported purpose of the same squarely fell within the relevant clauses discussed above. The legislative determination of what restriction to impose on a freedom is final and conclusive, as it is not open to judicial review. The judgments of this Court have been consistent in taking the view that it is difficult to define or explain the word "reasonable" with any precision. It will always be dependent on the facts of a given case with reference to the law which has been enacted to create a restriction on the right. It is neither possible nor advisable to state any abstract standard or general pattern of reasonableness as applicable uniformly to all cases. This Court in the case of State of Madras v. V.G. Row AIR 1952 SC 196 held: It is important in this context to bear in mind that the test of reasonableness, whereever prescribed, should be applied to each individual statute impugned, and no abstract standard or general pattern of reasonableness, can be laid down as applicable to all cases. 27. For adjudging the reasonableness of a restriction, factors such as the duration and extent of the restrictions, the circumstances under which and the manner i....
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....nd preserve the freedom of speech and expression in a democracy, there, on the other, it is also necessary to place reins on this freedom for the maintenance of social order. The term 'social order' has a very wide ambit. It includes 'law and order', 'public order' as well as 'the security of the State'. The security of the State is the core subject and public order as well as law and order follow the same. In the case of Romesh Thappar v. State of Madras 1950 SCR 594, this Court took the view that local breaches of public order were no grounds for restricting the freedom of speech guaranteed by the Constitution. This led to the Constitutional (First Amendment) Act, 1951 and consequently, this Court in the case of Dr. Ram Manohar Lohia v. State of Bihar AIR 1966 SC 740 stated that an activity which affects 'law and order' may not necessarily affect 'public order' and an activity which might be prejudicial to 'public order' may not necessarily affect 'security of the State'. Absence of 'public order' is an aggravated form of disturbance of public peace which affects the general current of public life. Any act wh....
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....u assert your right, you must respect the freedom of others. Besides imposition of a restriction by the State, the non-interference with liberties of others is an essential condition for assertion of the right to freedom of speech and expression. In the case of Dr. D.C. Saxena v. Hon'ble the Chief Justice of India (1996) 5 SCC 216, this Court held: 31. If maintenance of democracy is the foundation for free speech, society equally is entitled to regulate freedom of speech or expression by democratic action. The reason is obvious, viz., that society accepts free speech and expression and also puts limits on the right of the majority. Interest of the people involved in the acts of expression should be looked at not only from the perspective of the speaker but also the place at which he speaks, the scenario, the audience, the reaction of the publication, the purpose of the speech and the place and the forum in which the citizen exercises his freedom of speech and expression. The State has legitimate interest, therefore, to regulate the freedom of speech and expression which liberty represents the limits of the duty of restraint on speech or expression not to utter defamato....
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....aranteed freedom while 'public order' may qualify for a greater degree of restriction since public order is a matter of even greater social concern. Out of all expressions used in this regard, as discussed in the earlier part of this judgment, 'security of the state' is the paramount and the State can impose restrictions upon the freedom, which may comparatively be more stringent than those imposed in relation to maintenance of 'public order' and 'law and order'. However stringent may these restrictions be, they must stand the test of 'reasonability'. The State would have to satisfy the Court that the imposition of such restrictions is not only in the interest of the security of the State but is also within the framework of Articles 19(2) and 19(3) of the Constitution. 36. It is keeping this distinction in mind, the Legislature, under Section 144 Code of Criminal Procedure., has empowered the District Magistrate, Sub- Divisional Magistrate or any other Executive Magistrate, specially empowered in this behalf, to direct any person to abstain from doing a certain act or to take action as directed, where sufficient ground for proceeding under....
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.... procedure to be followed is next stated. Under Sub-section (2) if time does not permit or the order cannot be served, it can be made ex parte. Under Sub-section (3) the order may be directed to a particular individual or to the public generally when frequenting or visiting a particular place. Under Sub-section (4) the Magistrate may either suo motu or on an application by an aggrieved person, rescind or alter the order whether his own or by a Magistrate subordinate to him or made by his predecessor in Office. Under Sub-section (5) where the magistrate is moved by a person aggrieved he must hear him so that he may show cause against the order and if the Magistrate rejects wholly or in part the application, he must record his reasons in writing. This Sub-section is mandatory. An order by the Magistrate does not remain in force after two months from the making thereof but the State Government may, however, extend the period by a notification in the Gazette but, only in cases of danger to human life, health or safety or where there is a likelihood of a riot or an affray. But the second portion of the Sub-section was declared violative of Article 19 in State of Bihar v. K.K. Misra (196....
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....o give an absolute power which may be exercised in an unjustifiable case and then there would be no remedy except to ask the Magistrate to cancel the order which he may not do. Revision against his determination to the High Court may prove illusory because before the High Court can intervene the mischief will be done. Therefore, it is submitted that an inquiry should precede the making of the order. In other words, the burden should not be placed upon the person affected to clear his position. Further the order may be so general as to affect not only a particular party but persons who are innocent, as for example when there is an order banning meetings, processions, playing of music etc. 27. The effect of the order being in the interest of public order and the interests of the general public, occasions may arise when it is not possible to distinguish between those whose conduct must be controlled and those whose conduct is clear. As was pointed out in Babulal Parate case where two rival trade unions clashed and it was difficult to say whether a person belonged to one of the unions or to the general public, an order restricting the activities of the general public in the pa....
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....orders. The expression 'law and order' is a comprehensive expression which may include not merely 'public order' but also matters such as 'public peace', 'public tranquility' and 'orderliness' in a locality or a local area and perhaps some other matters of public concern too. 'Public order' is something distinct from order or orderliness in a local area. Public order, if disturbed, must lead to public disorder whereas every breach of peace may not always lead to public disorder. This concept came to be illustratively explained in the judgment of this Court in the case of Dr. Ram Manohar Lohia (supra) wherein it was held that when two drunkards quarrel and fight, there is 'disorder' but not 'public disorder'. They can be dealt with under the powers to maintain 'law and order' but cannot be detained on the ground that they were disturbing 'public order'. However, where the two persons fighting were of rival communities and one of them tried to raise communal passions, the problem is still one of 'law and order' but it raises the apprehension of public disorder. The main distinction is that where i....
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....ng unreasonable in making it the initial judge of the emergency. All this is coupled with a fundamental duty upon the citizens to obey such lawful orders as well as to extend their full cooperation in maintaining public order and tranquility. 43. The concept of orderly conduct leads to a balance for assertion of a right to freedom. In the case of Feiner v. New York (1951) 340 U.S. 315, the Supreme Court of the United States of America dealt with the matter where a person had been convicted for an offence of disorderly conduct for making derogatory remarks concerning various persons including the President, political dignitaries and other local political officials during his speech, despite warning by the Police officers to stop the said speech. The Court, noticing the condition of the crowd as well as the refusal by the Petitioner to obey the Police requests, found that the conduct of the convict was in violation of public peace and order and the authority did not exceed the bounds of proper state Police action, held as under: It is one thing to say that the Police cannot be used as an instrument for the suppression of unpopular views, and another to say that, when as h....
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....se as distinct topics of legislation in Entry III of the Concurrent List of Seventh Schedule to the Constitution. 45. Moreover, an order under Section 144 Code of Criminal Procedure. being an order which has a direct consequence of placing a restriction on the right to freedom of speech and expression and right to assemble peaceably, should be an order in writing and based upon material facts of the case. This would be the requirement of law for more than one reason. Firstly, it is an order placing a restriction upon the fundamental rights of a citizen and, thus, may adversely affect the interests of the parties, and secondly, under the provisions of the Code of Criminal Procedure., such an order is revisable and is subject to judicial review. Therefore, it will be appropriate that it must be an order in writing, referring to the facts and stating the reasons for imposition of such restriction. In the case of Dr. Praveen Bhai Thogadia (supra), this Court took the view that the Court, while dealing with such orders, does not act like an appellate authority over the decision of the official concerned. It would interfere only where the order is patently illegal and without jurisdic....
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....rcisable also when there is an apprehension of danger. 48. The above-stated view of the Constitution Bench is the unaltered state of law in our country. However, it needs to be specifically mentioned that the 'apprehension of danger' is again what can inevitably be gathered only from the circumstances of a given case. 49. Once an order under Section 144 Code of Criminal Procedure. is passed, it is expected of all concerned to implement the said order unless it has been rescinded or modified by a forum of competent jurisdiction. Its enforcement has legal consequences. One of such consequences would be the dispersement of an unlawful assembly and, if necessitated, by using permissible force. An assembly which might have lawfully assembled would be termed as an 'unlawful assembly' upon the passing and implementation of such a preventive order. The empowered officer is also vested with adequate powers to direct the dispersement of such assembly. In this direction, he may even take the assistance of concerned officers and armed forces for the purposes of dispersing such an assembly. Furthermore, the said officer has even been vested with the powers of arresting and....
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....of the function. Further, you are requested to comply with all the instructions given by Police authorities time to time failing which this permission can be revoked at any time. 52. Continuing with his agitation for the return of black money to the country, Baba Ramdev wrote a letter to the Prime Minister on 4th May, 2011 stating his intention to go on a fast to protest against the Government's inaction in that regard. The Government made attempts to negotiate with Baba Ramdev and to tackle the problem on the terms, as may be commonly arrived at between the Government and Baba Ramdev. This process started with effect from 19th May, 2011 when the Prime Minister wrote a letter to Baba Ramdev asking him to renounce his fast. The Finance Minister also wrote a letter to Baba Ramdev informing him about the progress in the matter. 53. On 23rd May, 2011, Baba Ramdev submitted an application for holding a dharna at Jantar Mantar, which permission was also granted to him vide letter dated 24th May, 2011, which reads as follows: With reference to your letter dated 23.05.2011, on the subject mentioned above. I have been directed to inform you that you are permitted dharna/s....
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....inisters with Baba Ramdev was held at Hotel Claridges. It was reported by the Press/Media that many others supported the stand of Baba Ramdev. It was widely reported that Mr. Sibal had said: "we hope he honours his commitment and honours his fast. This Government has always reached out but can also rein in." The Press reported the statement of the Chief Minister, Delhi as stated by the officials including Police officers in the words: action would be taken if Baba Ramdev's Yoga Shivir turns into an agitation field and three-tier security arrangements have been made for the Shivir which is supported to turn into a massive satyagraha". Even Anna's campaign endorsed Baba Ramdev's step. In this background, on 4th June, 2011, Baba Ramdev's hunger strike began with the motto of 'bhrashtachar mitao satyagraha, the key demands being the same as were stated on 27th February, 2011. 58. As already noticed, Baba Ramdev had been granted permission to hold satyagraha at Jantar Mantar, of course, with a very limited number of persons. Despite the assurance given by Acharya Virendra Vikram, as noted above, the event was converted into an Anshan and the crowd at the ....
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.... He was taken to the Airport guest-house. It was planned by the Government to fly Baba Ramdev in a chopper from Safdarjung Airport. However, at about 9.50 a.m. the Government shelved this plan and put him in an Indian Air Force helicopter and flew him out of the Indira Gandhi International Airport. 59. Learned amicus curiae has made two-fold submissions. One on 'facts and pleadings' and the other on 'law'. I may now refer to some of the submissions made on facts and pleadings. 60. The Ramlila Maidan provided an accurate barometer of the country's political mood in 1960s and 1970s which can be gauged from an article dated 18th August, 2011 in the Times of India, which stated as under: It was in Ramlila Ground that Jai Prakash Narain along with prominent Opposition leaders, addressed a mammoth rally on June 25, 1975, where he urged the armed forces to revolt against Indira Gandhi's government. Quoting Ramdhari Singh Dinkar, JP thundered, "Singhasan khali karo, ki janta aati hai (Vacate the throne, for the people are here to claim it)". That very midnight, Emergency was declared in the country. Less than two years later, the ground was t....
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....he ground became a major protest area after the government abolished rallies at the Boat Club. (ii) The police's capacity for Ramlila is 50,000 but it limited Baba Ramdev's meet to 5000. (iii) The ground appears to be accommodative but with only one major exit and entrance. (iv) There are aspects of the material that show considerable mobilization. But the figure of 5000 inside the tent is exaggerated. (v) The numbers of people in the tent has varied but seems, according to the Police 20,000 or so at the time of the incident. But the Home Secretary suggests 60,000 which is an exaggeration. (vi) The logs etc supplied seem a little haphazard, but some logs reflect contemporary evidence which shows things to the courts notice especially. 63. However, it may be noticed by this Court that as per the version of the police, point No. (ii) ought to be read as under: The capacity for Ramlila Maidan is 50,000 but it limited Baba Ramdev's meet to 5000. 64. After noticing certain detailed facts in relation to the 'threat perception of Police' and the 'Trust's perception', learned Amicus curiae ....
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....nd Teargas 6.7 Initially Water cannon used after it proved ineffective tear gas fired towards right side of the stage resulting a small fire Pr.33 pg. 9 Vol.III (vii) Injuries 6.8 On injuries the figures are not clear as per Commissioner of Police, Delhi Affidavit only two persons required hospitalization for surgery. (Annexure S colly pg. 49-142 Vol.III) Injured Numbers Released Released Treatment on first on day second day Public 48 41 05 Diagnosis/ persons First aid Policemen 38 7 Injury-sheets pre-dominantly indicate injuries received during the minor stampede in one part of the enclosure 6.9 Newspaper the TOI gives the figure of 62 person injured and 29 of the injured were discharged during the day in LNJP hospital. What about those who were in other hospitals. Even there are many who failed to get recorded in the list of injured or to approach hospital for the medical aid. Only 62 injured that too without lathi charge. 6.9 It will also be (sic) demonstrate that (i) The crowd does not appear to be armed in anway - not even with 'baseball' bats. (ii) The Police (sic - personnel) were throwing bricks. ....
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....amicus that there are contradictions in the affidavits filed by the Home Secretary, Respondent No. 1 and the Commissioner of Police, Respondent No. 3. The affidavit of the Chief Secretary, Respondent No. 2, cannot be relied upon as he pleads ignorance in relation to the entire episode at the Ramlila Maidan. According to the Home Secretary, the Ministry of Home Affairs was routinely monitoring the situation and it is not the practice of the Ministry to confirm the grant of such permission. He also states that 60,000 persons came to the ground as against the estimated entry of 4000 to 5000 people. While according to the affidavit of the Police Commissioner, as a matter of practice, Delhi Police keeps the Ministry of Home Affairs duly informed in such matters as the said Ministry, for obvious reasons, is concerned about the preservation of law and order in the capital and carefully monitors all situations dealing with public order and tranquility. From the affidavit of the Commissioner of Police, it is also clear that he was continuously in touch with the senior functionaries of the Ministry of Home Affairs and he kept them informed of the decisions taken by the ACP and DCP to revoke ....
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....acie arbitrary or is not in conformity with the parameters stated under Section 144 Code of Criminal Procedure. itself. 71. From the record, it can reasonably be inferred that the Ministry of Home Affairs and Delhi Police were working in co-ordination and the Police was keeping the Ministry informed of every development. There is some element of nexus between the Government's stand on the demands of Baba Ramdev, its decision in that regard and the passing of an order under Section 144, Code of Criminal Procedure. but, this by itself would not render the decision as that taken in bad faith. The decision of the Ministry or the Police authorities may not be correct, but that ipso facto would not be a ground for the Court to believe that it was a colourable and/or mala fide exercise of power. Version of Respondent No. 4: 72. Now, I may refer to the case put forward by Respondent No. 4, the President of Bharat Swabhiman Trust, Delhi Area who has filed affidavits on behalf of that party. At the outset, it is stated in the affidavits filed that Baba Ramdev, the Trust and his followers are law abiding citizens of the country and never had any intention to disturb the law and orde....
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.... traffic, etc. The use of land was the concern of the owner of the land, in the present case, the Municipal Corporation of Delhi (MCD). The Trust had applied to the MCD requesting it for giving on rent/lease the Ramlila Maidan for the period commencing from 1st June, 2011 to 20th June, 2011. Before grant of its permission, the MCD had written to the Trust that they should obtain NOC from the Commissioner of Police, Delhi which was duly applied for and, as already noticed, obtained by the Trust. of course, it was a conditional NOC and the conditions stated therein had been adhered to, whereafter, the MCD had given the Ramlila maidan on lease to the Trust. The permission was revoked by the Police and not by the MCD and the MCD never asked the Trust to vacate the premises, i.e., Ramlila Maidan. 73. Before the fateful night i.e. 4th/5th June, 2011, it has been stated that Baba Ramdev had reached New Delhi and was received at the Airport by the Ministers. There, at the Airport itself, an attempt was made to persuade Baba Ramdev to call off his fast. Thereafter, a meeting was held at Hotel Claridges on 3rd June, 2011 wherein Baba Ramdev was assured that the Government would take concr....
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....e Minister or any other responsible person. At around 10.00 p.m., Shanti Paath was performed and everybody went to sleep as Ashtang Yoga training was scheduled for 5.00 a.m. next morning. At around 11.00 p.m., the Personal Assistant of Shri Sibal delivered a letter to Acharya Balkrishna as Baba Ramdev was asleep at that time, stating as follows: This is to clarify that the government is committed to build a legal structure through which wealth generated illegally is declared as a national asset and that such assets nare (sic) subject to confiscation. Laws also provide for exemplary punishment for those who perpetrate ill-gotten wealth. This clearly declares the intention of the Government. You have already publicly stated that upon receiving this letter, you will end your tapa. We hope that you will honour this public commitment forthwith. 77. This letter, it is stated, was found to be vague and non- committal as it was not mentioned in this letter as to what concrete steps the Government would take to tackle this national economic and moral crises. At nearly midnight, by way of an unprecedented action, an order under Section 144 Code of Criminal Procedure. along with a....
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....d 10th June, 2011. 81. On these facts, it is the submission of Respondent No. 4 that it is ironic that persons fasting against failure of the Central Government to tackle the issue of corruption and black money have been portrayed as threats to law and order. Citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action. The law prescribes no requirements for taking of permission to go on a fast. The Respondent No. 4 suggests that in order to establish the truth of the incident, an independent Commission should be constituted, based on whose report, legal action to be taken in such situations should be determined. 82. With reference to the above factual averments made by Respondent No. 4, the argument advanced by Mr. Ram Jethmalani, Senior Advocate, is that, in the earlier meetings, both at the Ramlila Maidan and Jantar Mantar, no untoward incident had occurred, which could, by any standard, cause an apprehension in the mind of the Police that there could occur an incident, communal or otherwise, leading to public disorder, in any way. The revocation of permissions as well as the brutality with wh....
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....xercise of the rights to freedom of speech and expression and peaceful gathering, but also to the requirement for the execution of a lawful order. The restriction imposed, being unreasonable, its disproportionate execution renders the action of the Police unlawful. This brutality of the State resulted in injuries to a large number of persons and even in death of one of the victims. There has also been loss and damage to the property. 86. Another aspect that has been emphasized on behalf of this Respondent is that there was only one gate for 'Entry' and one for 'Exit', besides the VIP Entry near the stage. This was done as per the directive of the Police. The entry gate was completely manned by the Police and each entrant was frisked by the Police to ensure security. Thus, the Police could have easily controlled the number and manner of entry to the Ramlila Maidan as they desired. At no point of time there were more than 50,000 people present at the premises. On the contrary, in the midnight, when the Police used force to evict the gathering, there were not even 20,000 people sleeping in the tent. Lastly, it is also contended that the people at Ramlila Maidan were....
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.... 4 were claiming that the gathering may exceed even one lakh in number. 89. The permission to hold the yoga camp was granted to the Respondent No. 4. Citing certain inputs, the DCP issued a warning to Respondent No. 4 expressing their concern about the variance of the purpose as well as that there should be a limited gathering, otherwise the authorities would be compelled to review the permission. The DCP issued law and order arrangements detailing the requirement of Force for dealing with such a large gathering. 90. Further, inputs given on 3rd June, 2011 had indicated that Baba Ramdev was being targeted by certain elements so as to disrupt communal harmony between Hindus and Muslims. Advice was made for review and strengthening of security arrangements. As a result thereto, security of Baba Ramdev was upgraded to Z+ category vide order dated 3rd June, 2011 and a contingency plan was also drawn. On 4th June, 2011, despite assurances, the yoga training was converted into Anshan at about 1300 hrs. and Baba Ramdev decided to march to Jantar Mantar for 'Dharna' with the entire gathering, the permission for which was limited to only 200 people. Therefore, in view of the h....
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....tated that this situation continued for around two hours and the Police did not have any intention to forcibly evacuate the public from Ramlila Maidan. As Baba Ramdev decided to evade the Police, the situation at Ramlila Maidan became volatile. The print media have given reports on the basis of incorrect facts or hearsay. 95. It is also stated in this affidavit that total 38 Policemen and 48 public persons were injured and according to the medical reports, public persons sustained injuries during the minor stampede which occurred in one part of the enclosure. Most of these persons were discharged on the same date. The press clipping/reports do not present a complete picture of the incident and contained articles based on incorrect facts. The incident was unfortunate but was avoidable, had the organizers acted as law abiding citizens and accepted the lawful directions of the Police. 96. Having stated that the teargas shelling and the other force was used as a response to the brick-batting and misbehavior by the gathering, it is also averred that the affidavit filed on behalf of Respondent No. 4 could not be relied upon as the person swearing it was admittedly not present at the v....
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....ng targeted or letting the situation turn violent and all precautions were taken before such use. No Police Officer was found to be hitting any person. Respondent No. 4 had been asked to install sufficient CCTV cameras and M/s. Sai Wireless removed the cameras and DVRs installed by them immediately after the incident on 5th June, 2011. The proprietor had even lodged a complaint at Police Station, Kamla Market and a case of theft under FIR No. 49 of 2011 was registered. The said concern, upon being called for the same by a notice under Section 91 Code of Criminal Procedure., produced 10 DVRs containing more than 190 hours of video. The investigation of that case revealed that out of 48 cameras ordered by the organizers, only 44 were installed, 42 were made operational out of which two remained non-functional and recording of one could not be retrieved due to technical problems. Recording of eight cameras and two DVRs were not available as these equipments were reportedly stolen, as noted above. Thus, the recordings from only 41 cameras/DVRs were available. 98. The primary aim of MCD is to earn revenue from commercial use of land and it is for the Police to take care of the law an....
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....her bones brittle and prone to fracture even by low intensity impact. 103. While relying upon the above averments made in different affidavits, the submission on behalf of Respondent No. 3 is that there being no challenge to the Standing Order 309, provisions of the DP Act and the Punjab Police Rules and even the order passed under Section 144 Code of Criminal Procedure., the action of Delhi Police has to be treated as a reasonable and proper exercise of power. The organizers of Respondent No. 4 had misrepresented the Government and the Police authorities with regard to holding of the yoga camp. The Trust is guilty of seeking permission on incorrect pretext. The effort on behalf of the Police was that of carefully watching the development rather than taking any rash decisions and cancelling the permission earlier than when it was actually cancelled. 104. The right to freedom in a democracy has to be exercised in terms of Article 19(1)(a) subject to public order. Public order and public tranquility is a function of the State which duty is discharged by the State in the larger public interest. The private right is to be waived against public interest. The action of the State an....
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....tice. Before analyzing the respective versions put before the Court by the parties and recording the possible true version of what happened which made the unfortunate incident occur, I would like to notice that I am not prepared to fully accept the last contention raised by Mr. Harish Salve, in its entirety. of course, it may not be necessary for this Court to examine the effect of the cancellation of permission for Jantar Mantar and validity of the orders passed by the Government, but this Court is certainly called upon to deal with the question whether it was obligatory for the organizers, Respondent No. 4, to seek the permission of the Police for holding such a large public demonstration. Therefore, I would be touching the various aspects of this issue and would deal with the orders of the State to the extent it is necessary to examine the main issue in regard to the excessive use of force and brutality and absolute organizational default by the Police, if any. Findings on Incident of Midnight of 4th/5th June, 2011 and the Role of Police and Members/followers of Respondent No. 4 109. All National and Delhi Edition newspapers dated 5th June, 2011 as well as the media reports h....
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.... Ago, Home, Delhi Police told Govt: look at plan the show' 'Getting Ramdev Out' 'Yielding and bungling - Cong (Weak) Core Group' 112. This event was described with great details in these news items and articles, along with photographs. Besides the fact that large number of persons were injured and some of them seriously, there was also damage to the property. The question raised before this Court, inter alia, included the loss and damage to the person and property that resulted from such unreasonable restriction imposed, its execution and invasion of fundamental right to speech and expression and the right to assembly, as protected under Articles 19(1)(a) and 19(1)(b). It is contended that the order was unreasonable, restriction imposed was contrary to law and the entire exercise by the Police and the authorities was an indirect infringement of the rights and protections available to the persons present there, including Article 21 of the Constitution. 113. These events and the prima facie facts stated above, persuaded this Court to issue a suo moto notice vide its order dated 6th June, 2011. This notice was issued to the Home Secretary, U....
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....ad promptly replied stating that there will be no other event except the residential yoga camp. However, keeping in view the information received, the Deputy Commissioner of Police, Central District, vide his letter dated 1st June, 2011 had issued further directions for being implemented by Respondent No. 4 and reiterated his earlier requirements, including that number of the gathering should remain within the limits conveyed. In this letter, it was also indicated that the authorities may review the position, if necessary. However, on 3rd June, 2011, it had been noticed that a huge gathering was expected in the programme and also that the inputs had been received that Baba Ramdev would sit on an indefinite hunger strike with effect from 4th June, 2011 in relation to the issues already raised publically by him. After noticing various aspects, including that various terrorist groups may try to do something spectacular to hog publicity, Respondent No. 3 made a very objective assessment of the entire situation and issued a detailed plan of action to ensure smooth functioning of the agitation/yoga camp at Ramlila Maidan without any public disturbance. The objectives stated in this plann....
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.... 118. It is also noteworthy that after his arrival on 1st June, 2011 at the Airport, Baba Ramdev met few senior ministers of the Government in power. He also had a meeting with some ministers at Hotel Claridges on 3rd June, 2011. The issues raised by Baba Ramdev were considered and efforts were admittedly made to dissuade Baba Ramdev from holding Satyagraha at Jantar Mantar or an indefinite fast at Ramlila Maidan. However, these negotiations failed. According to the reports, the Government failed to keep its commitments, while according to the Government, Baba Ramdev failed to keep up his promise and acted contrary even to the letter that was given by him to the ministers with whom he had negotiated at Hotel Claridges. Thus, there was a deadlock of negotiations for an amicable resolution of the problems. 119. This is the only event that appears to have happened on 3rd and 4th June, 2011. On the morning of 4th June, 2011, the yoga camp was held at the Ramlila Maidan peacefully and without disturbing public order or public tranquility. After the day's proceedings, the large number of people who were staying at the Ramlila Maidan, went to sleep in the Shamiana itself where d....
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....s visible in the evidence placed before the Court. I do not consider it necessary to refer to the speech of Baba Ramdev to the crowd in any greater detail. Suffice it to note that while addressing the gathering, Baba Ramdev referred to his conversations with the Government, urged the crowd to chant Gayatri Mantra, maintain Shanti and not to take any confrontation with the Police. He further stated that he would not advise the path of hinsa, but at the same time, he also stated about his talks with the Government and reiterated that he will not leave, unless the people so desired and it was the wish of God. He also chanted the Gayatri Mantra, and wished all the people around him. At the same time, it is also clear from the evidence of CCTV Camera's footage and the photographs, that Baba Ramdev had referred to the failure of his talks with the Government and his desire to continue his Anshan. He also, in no uncertain terms, stated 'Babaji will go only if people wanted and the God desires it.' Another significant part of Baba Ramdev's speech at that crucial time was that he urged the people not to have any confrontation with the Police and that he had no intention/mind....
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....row him out. The photographs also show an elderly sick person being attended to and carried by the volunteers and not by the Police. 123. The documents on record show that some of the Police personnel certainly abused their authority, were unduly harsh and violent towards the people present at the Ramlila Maidan, whereas some others were, in fact, talking to the members of the gathering as well as had adopted a helpful attitude. The brick batting resorted to by both sides cannot be justified in any circumstances whatsoever. Even if the followers of Respondent No. 4 acted in retaliation to the firing of teargas, still they had no cause or right in law to throw bricks towards the stage, in particular, towards the Police and it is a hard fact that some Police personnel were injured in the process. Similarly, the use of teargas shells and use of lathi charge by the Police, though limited, can hardly be justified. In no case, brick batting by the Police can be condoned. They are the protectors of the society and, therefore, cannot take recourse to such illegal methods of controlling the crowd. There is also no doubt that large number of persons were injured in the action of the Polic....
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....p; CRPF is neither obeying any instruction and nor ready to come at any cost Wireless Log & Diary Dt.5-6-2011 (Shift Duty 9 AM to 9 PM Time Call Detail T - 52 25 AM -T-52 One injured namely Jagat Muni s/o Unknown R/o VIII- Pllana (Rohtak) Haryana. Age about 55-60 yrs admitted in JPN Hospital in unconscious condition. Wireless Log & Diary Dt.4/5-6-2011 Time - - Call Detail :20 AM L-100 -1 PCR Call:- that some casualities happened at RL Ground. Direct the ambulance. -1 L-100 Noted position at RL Ground :28 AM -1 L-100 Injured not Traceable. Cats ambulance also searching injured person. Wireless Log & Diary Dt.4/5-6-2011 Time Call Detail AM L-100 Charge of O-33 taken by ASI VedPrakash 5150/PCR -33 -1 Note down that in RL Ground Police is beating the public persons. -1 -33 Road is blocked through barricades at Ajmeri Gate. We can't leave the vehicle without staff. Wireless Log & Diary Dt.4/5-6-2011 (Shift Night Duty 8 PM to 8 AM) Time - 60 Call Detail :58 ....
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....e and inform 24B that he will also talk and that gate towards JLN Marg which was to be opened is not open yet". Another conversation recorded at the same time was "Then public will go at its own". 127. When the Police had decided to carry out such a big operation of evicting such a large gathering suddenly, it was expected of it to make better arrangements, to cogitate over the matter more seriously and provide better arrangements. 128. From the entries made in the Police log book, certain acts come to surface. Firstly, that there were inadequate number of water cannons, as admittedly, there were more than 15,000 persons present at the Ramlila Maidan and secondly, that the Police had started beating the people. Even the 88th Bn. of CRPF was not carrying out the orders and there was chaos at the premises. Even if all the documents filed by the Police, the Police log book and the affidavits on behalf of the Police are taken into consideration, it reflects lack of readiness on the part of the Police and also that it had not prepared any action plan for enforcing the order of the executive authority passed under Section 144 Code of Criminal Procedure. It was expected of the Polic....
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.... & behind (R) ear C 3. Large bluish discolouration present over Left buttock 4. Abrasion over Medical aspects of Left ankle. 5. Reddish discolouration over the flexor aspect of middle of Left forearm. 131. In addition, the medico legal case sheet of one Deepak recorded, "alleged c/o assault while on hunger strike at Ramlila Maidan". He was vomiting, bleeding and had suffered injuries and was complaining of pain at cervical region and right thigh. Similar was the noting with regard to one Ajay. Both of them had gone to Dr. Ram Manohar Lohia Hospital and were not accompanied by the Police. A number of such medico legal case sheets have been placed on record with similar notings. I do not consider it necessary to discuss each and every medico legal enquiry sheet or medico legal report. It is clear from the bare reading of these reports that most of the persons who were taken to the hospital had suffered injuries on their hands, back, thighs etc. and were complaining of pain and tenderness which was duly noticed by the doctors in these reports. 132. Constable Satpal had also gone to the hospital. According to him, he had suffered injury 'a contusion....
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....red injury as a result of lathi blows on his body. He had gone to Lok Nayak Hospital where he was medically examined. This medical record shows that he was assaulted by the Police in Baba Ramdev's rally where he sustained injuries. The injuries were described as contusion injuries, one of which, on the lumber region and was advised x-ray. Even in some of the other medical records produced before this Court, it has been recorded that injuries were caused by blunt objects. This will go to show that they were not the injuries caused merely by fall or simply stampede. The veracity of this affidavit was challenged on the ground that it has been filed belatedly and it was not supported by any other record. Both these aspects lose their significance because in the Police log book filed on record, call from this number has been shown, secondly, the medical record of Dr. Jasbir has been placed on record. Also, the injuries received by the members of the Police force are of the kind which could be caused by brick batting. It is further possible that because of commotion, confusion and fear that prevailed at the stage during midnight and particularly when people were sleeping, the injurie....
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....r to prevent the fast from proceeding. 138. Though an affidavit subsequent to this date has been filed on behalf of the Police, there is no specific denial or any counter version stated therein in this regard. This averment made in the affidavit of the Respondent No. 4 appears to be correct inasmuch as vide its letter dated 2nd June, 2011, while granting the permission for holding the rally at Ramlila Maidan, a condition had been imposed that all persons entering the Ramlila Maidan should be subjected to frisking and personal search. Furthermore, map of layout of the Ramlila Maidan filed by the learned amicus clearly shows that there was one public entry gate/public check-in, in addition to the two gates for the VIP check-in, which were towards the stage. The public entry was towards the Sharbia Road. From this, it is clear and goes in line with the situation at the site, exhibited by the photographs or the CCTV Cameras at least partially, that there was only one main entry for the public which was being managed by the Police. 139. Even according to the Police, it was a huge enclosure of nearly 2.5 lakh sq. feet and it had various exits which, of course, were kept closed and ....
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....ance. Furthermore, even the CCTV camera footages or the photographs do not show any use of water cannons. I see no reason for the Police for not making preferential use of water cannons to disperse the crowd even if they had come to the conclusion that it was an unlawful assembly and it was not possible to disperse the crowd without use of permissible force in the prescribed manner. 142. There is a serious dispute as to whether the teargas shells were fired in response to the brick-batting by the members of the assembly from behind the stage or was it in the reverse order. The photographs show that there was a temporary structure behind the stage where bricks were lying and the same were collected and thrown from there. The CCTV Camera No. 5 clearly shows that some members of the assembly (followers of Baba Ramdev) collected the bricks and then threw the bricks at the Police towards the stage. The first teargas shell was fired at about 2.20 a.m. The first brick probably was thrown from behind the stage by Baba Ramdev's followers approximately at 2.12 a.m. The teargas shells were also fired during this time. Before that, some members of the Police force had used sticks or lat....
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.... disturbance. 144. Normally, it is not advisable to use tear smoke shells in an enclosure. They should be fired away from the crowd rather than into the crowd. Unfortunately, the guidelines and even matters of common prudence have not been taken into consideration while firing the teargas shells. The Police Force and, at least, some members of the Police Force, have failed to execute the orders in accordance with the standing orders and have failed to take various steps that were required to be taken including use of minimum force, videography of the event, display of banner, announcement into the PA system etc. Similarly, some members of the Force when incited by provocation or injury, used excessive force, including use of teargas. It is also clear from the photographs and the CCTV Cameras that some members of the Force inflicted injuries by indulging in uncalled for lathi charge and by throwing stones on the public. It is evident that lathi charge against those persons was not called for. For example, in one of the CCTV Cameras, one individual is surrounded by four-five members of the Force and then a Police personnel used canning against that individual. 145. I will proce....
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....elves, before they started throwing bricks at the Police. In the process, they injured their fellow participants as well as the Police personnel. The teargas shells also caused fire on the stage, as is demonstrated in CCTV camera No. 31 at about 2.22 a.m., and confirmed by various news report footages. It shows that there was lack of fire extinguishing systems. The teargas shells also caused fire in an enclosure with cloth material which could have caught fire that might have spread widely causing serious bodily injuries to the people present. Undoubtedly, large Police force was present on the site and even if it had become necessary, it could have dispersed the crowd with exercise of greater restraint and patience. 148. The Police Force has failed to act in accordance with the Rules and Standing Orders. Primarily, negligence is attributable to some members of the force. The Police, in breach of their duty, acted with uncontrolled force. The orders were passed arbitrarily by the concerned authorities and, thus, they are to be held responsible for the consequences in law. As discussed in this judgment, Respondent No. 4, its members and Baba Ramdev committed breach of their legal ....
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....anizers to take certain precautionary steps. Another interesting fact, that I must notice, is that as early as on 20th May, 2011, representatives of Respondent No. 4 had written to the Additional Commissioner of Police vide Annexure R3 informing them that Baba Ramdev is going on a hunger strike till death from 4th June, 2011 against the issue of corruption and other related serious issues. Hundreds of satyagrahis were providing their support to him in this hunger-strike and consent for that was asked. The letter written by Baba Ramdev to the Prime Minister of the country had also been attached along with this letter. The Police was aware of the number of persons who might assemble and the activity that was likely to be carried on at Ramlila Maidan as well as Jantar Mantar. Still, after the receipt of the letter, the Police took no steps to cancel the permission specifically and the permissions granted continued to be in force. It was for the police authorities or the administration to place on record the material to show that there was a genuine threat or reasonable bias of communal disharmony, social disorder and public tranquility or harmony on the night of 4th June, 2011. Howeve....
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....t who have passed the said decision. I find no error with the Police, to working in tandem or cooperation with the Ministry of Home Affairs, which itself is responsible for maintaining the law and order in the country. I also have to notice that as per the stand taken by all the parties before this Court, it remains a fact that no announcement was made on the midnight of 4th/5th June, 2011 to the huge gathering sleeping to disperse peacefully from the Ramlila Maidan. It was an obligation of the Police to make repeated announcements and help the people to disperse. The Police, admittedly, did not make any such announcements because it anticipated a backlash. Baba Ramdev and other representatives of Respondent No. 4 also did not make such an announcement, but Baba Ramdev asserted that he would leave only if the people and the followers wanted him to leave. I am unable to appreciate this kind of attitude from both sides. It was primarily an error of performance of duty by both sides and the ultimate sufferer was the public at large. 153. It is true and, without hesitation, I notice that the CCTV cameras and other documents do show that some of the Police personnel had behaved with ....
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....stry of Home Affairs of the developments and the latter might have informed the higher authorities in the said Ministry. I also find no need to enter into this controversy because there is no legal impediment or infirmity in Delhi Police working in coordination and consultation with the Ministry of Home Affairs as none of them can absolve themselves of the liability of maintaining social order, public tranquility and harmony. 155. Mr. P.H. Parekh, learned senior advocate appearing for the Government of NCT Delhi, submitted that the power to issue an order under Section 144 Code of Criminal Procedure. is vested in the Assistant Commissioner of Police in terms of notification dated 9th September, 2010 issued by the Ministry of Home Affairs, Government of India under Sub-section(1)(a) of Section 17 of the DP Act. It is further submitted that in terms of Article 239AA(3)(a), the Legislative Assembly of the NCT Delhi has legislative competence to enact laws on any matter as applicable to the Union Territory except in relation to fields stated at Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution of India. Thus, the matters relating to Police, land and public o....
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....asis of an action under this Section is the 'urgency of the situation' and the power therein is intended to be availed for preventing 'disorder, obstruction and annoyance', with a view to secure the public weal by maintaining public peace and tranquility. In the case of Gulam Abbas v. State of Uttar Pradesh AIR 1981 SC 2198, the Court clearly stated that preservation of public peace and tranquility is the primary function of the Government and the aforesaid power is conferred on the executive. In a given situation, a private right must give in to public interest. 157. The Constitution mandates and every Government is constitutionally committed to the idea of socialism, secularism and public tranquility. The regulatory mechanism contemplated under different laws is intended to further the cause of this constitutional obligation. An order under Section 144 Code of Criminal Procedure., though primarily empowers the executive authorities to pass prohibitory orders vis-`-vis a particular facet, but is intended to serve larger public interest. Restricted dimensions of the provisions are to serve the larger interest, which at the relevant time, has an imminent threat of....
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....d further arrangements to be made as per the instructions contained in that letter. It was noticed in the letter of the DCP that a specialized tent of an area of 2,50,000 sq. ft. was to be erected, a dais was to be constructed and structures erected were to be duly certified from the authorized agency. It was also, inter alia, stated that no provocative speech or shouting of slogan should be allowed and no fire arms, lathis or swords should be allowed in the function and CCTV cameras should also be installed. It was further stated that the Trust was to abide by all the directions issued by the SHO. Again, on 2nd June, 2011, a letter was written by the Deputy Commissioner of Police noticing certain drawbacks in the arrangements made by the Trust and reiterating the directions passed vide letter dated 1st June, 2011. It was required that the Trust should keep the gathering within the permissible limits and make necessary arrangements for checking/frisking of participants and placing of volunteers in requisite areas. It was also indicated that if the compliance is not made, permission shall be subject to review. Certain inputs given by the Special Branch of Delhi Police on 30th May, 2....
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....y had suggested cancellation of the permission granted by the land owning authority or the Police for continuation of the activity by Respondent No. 4, though they were aware of all the facts. The Central District of Delhi Police, on 2nd June, 2011 itself, noticed all the factors and made a report with regard to the Police arrangements at the Ramlila Maidan. Amongst others, it stated the following objectives: 1. All the persons will gain entry through DFMDs. 2. Every person will be searched/frisked thoroughly to ensure the security of VIPs/high dignitaries, Govt. property and general public etc. 3. To ensure clear passage to VIPs and their vehicles with the assistance of traffic police. 4. To ensure that the function is held without interruption. 5. To keep an eye on persons moving in suspicious circumstances. 6. Brief-cases, lighters, matches, bags, umbrellas, tiffin-boxes etc. be prohibited to be taken by the audience inside the ground. Special attention will be paid on minor crackers, inside the ground. 7. The area of responsibility will be thoroughly checked by the Zonal/Sector officers. 8. To maintain law ....
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....ures in this regard to save human life, public order safety and tranquility. This order was to remain in force for a period of 60 days from the date of its passing. 167. During the course of hearing, it was pointed out before this Court that the order withdrawing the permission was passed at 9.30 p.m. At 10.30 p.m., the Police went to inform the representatives of Respondent No. 4 about the withdrawal of permission and subsequently an order under Section 144 Code of Criminal Procedure. was passed at about 11.30 p.m. The Police force arrived at the site at about 1.00 a.m. and the operation to disperse the crowd started at 1.10 a.m. on the midnight of 4th/5th June, 2011. 168. It was contended by Mr. Harish Salve, learned senior Counsel, that the decision to withdraw permission is an administrative decision taken with political influence. The Police is to work in co- ordination with the Government, including the concerned Ministry and the Union. The order, being an executive order, has been passed bona fide and keeping in view the larger public interest and it is open to Respondent No. 4 or the affected parties to challenge the said order in accordance with law. It was also urge....
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....hi on 1st June, 2011 and four senior ministers of the UPA Government met him at the Airport and attempted to persuade him to give up his Anshan in view of the Government's initiative on the issue that he had raised. Efforts were made to dissuade him from going ahead with his hunger strike on the ground that the Government was trying to find pragmatic and practical solution to tackle the agitated issue. Thereafter, as already noticed, a meeting of the ministers and Baba Ramdev was held at Hotel Claridges. However, this meeting was not successful and certain differences remained unresolved between the representatives of the Government and Baba Ramdev. Consequently, Baba Ramdev decided to continue with his public meeting and hunger strike. Emphasis has been laid on a Press Release from the Ministry of Home Affairs stating that a decision was taken that Baba Ramdev should not be allowed to organize any protest and, if persisted, he should be directed to be removed from Delhi. 170. These circumstances have to be examined in conjunction with the stages of passing of the orders under Section 144 Code of Criminal Procedure. in relation to the withdrawal of permission. Without commen....
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....ne, 2011 and directions in that behalf had been issued. Exercise of such power, declining the permission has to be in rare and exceptional circumstances, as in the normal course, the State would aid the exercise of fundamental rights rather than frustrating them. 172. Another argument advanced on behalf of Respondent No. 4 by Mr. Ram Jethmalani is that the Order under Section 144, Code of Criminal Procedure. is a fraud upon law as it is nothing but abdication of its authority by Police at the command of the Home Minister, Mr. P. Chidambaram, as is evident from his above-referred statements. According to him, the Order under Section 144 Code of Criminal Procedure., on the one hand, does not contain material facts while on the other, issues no directions as contemplated under that provision. Further it is contended that the Intelligence inputs as communicated to the Police authorities vide letter dated 3rd June, 2011 had not even been received by the ACP. 173. There is some substance in this submission of Mr. Ram Jethmalani. It is clear from Annexure 'J' annexed to the affidavit of the Police Commissioner that the letter of the Joint Deputy Director dated 3rd June, 2011....
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....were the messages received by the PCR vans from private people who had left Ramlila Ground but there is nothing on record to show that these messages or reports to the PCRs were false. In fact, such calls go to substantiate what has been urged by the learned amicus. The affidavits do not improve the case of the Police any further. As far as the question of mala fides is concerned, I have held that this action or order was not mala fide. 176. Another important aspect which had been pointed out during the course of hearing is that even the map annexed to this affidavit of the Police supports what has been stated on behalf of Respondent No. 4 that there was only one main entry and exit for the public. The VIP entrance and VVIP entrance cannot be construed as entrance for the common man. The other exits were not operational owing to commotion, goods lying, fire of tear gas shells and standing of vehicles outside which were not permitted to move. This itself is a factor that goes to show that preparedness on the part of the Police was not complete in all respects and also that it was not the appropriate time to evict people from the Ramlila Ground. 177. In the affidavit filed by t....
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.... the cause of such a grave concern for the authorities to pass the orders late in the night. In the Standing Order issued by the Police itself, it has been clarified that wherever the gathering is more than 50,000, the same may not be permitted at the Ramlila Maidan, but they should be offered Burari ground as an alternative. This itself shows that the attempt on the part of the authorities concerned should be to permit such public gathering by allotting them alternative site and not to cancel such meetings. This, however, does not seem to further the case of the State at all inasmuch as, admittedly, when the order was passed and the Police came to the Ramlila Maidan to serve the said order, not even 15,000 to 20,000 people were stated to be present in the shamiana/tent. In these circumstances, it appears to me that it was not necessary for the executive authorities and the Police to pass orders under Section 144 Code of Criminal Procedure. and withdraw the permissions. The matter could be resolved by mutual deliberation and intervention by the appropriate authorities. 180. In view of the affidavits having been filed on behalf of Respondent No. 3, a person of the rank of Commiss....
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.... also be possibility of communal tension as well as a threat to Baba Ramdev's life. These apprehensions are sought to be dispelled by learned Amicus curiae stating that this protest/dharna/anshan is a right covered under the freedom of speech. The Ramlila Maidan has the capacity of 50,000, which number, admittedly, was never reached and the doubts in the minds of the authority were merely speculative. The security measures had been baffed up. Baba Ramdev had been given Z+ security and, therefore, all the apprehensions of the authorities were misplaced, much less that they were real threats to an individual or to the public at large. The perception of the Trust was that they were carrying on their anshan and yoga shivir peacefully, as law abiding citizens of the country. No complaint had ever been received of any disturbance or breach of public trust. The events, right from January 2011, showed that all the camps and protests organized by the Trust, under the leadership of Baba Ramdev had been completed peacefully, without any damage to person or property and without any disturbance to anyone. The action of the Police in revoking the permissions as well as that of the executive ....
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....regard to the sensitivity and perniciously perilous consequences that may result, if not prevented forthwith. 185. The administration, upon taking into consideration the intelligence inputs, threat perception, likelihood of disturbance to public order and other relevant considerations, had not only prepared its planned course of action but also declared the same. In furtherance thereto, the Police also issued directions for compliance to the organizers. The authorities, thus, had full opportunity to exercise their power to make a choice permitting continuation and/or cancellation of the programme and thereby prohibit the activity on the Ramlila Maidan. However, in their wisdom, they opted to permit the continuation of the agitation and holding of the yoga shivir, thereby impliedly permitting the same, even in the changed circumstances, as alleged. Quinon prohibit qua prohibere protest asentire videthir (He who does not prohibit when he is able to prohibit assents to it). 186. The authorities are expected to seriously cogitate over the matter in its entirety keeping the common welfare in mind. In my view, the Police have not placed on record any document or even affidavits to ....
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....rities to grant adequate time to implement such orders, wherever the circumstances so permit. Enforcement of the order in undue haste may sometimes cause a greater damage than the good that it expected to achieve. 189. If for the sake of arguments, I would accept the contention of the Police that the order withdrawing the permission as well as the order under Section 144 Code of Criminal Procedure. are valid and had been passed for good reasons, still the question remains as to whether the authorities could have given some reasonable time for implementation/enforcement of the directions contained in the order dated 4th June, 2011. It is undisputable and, in fact, is disputed by none that all the persons who had gathered in the tent at the Ramlila Maidan were sleeping when the Police went there to serve the order passed under Section 144 Code of Criminal Procedure. upon the representatives of the Trust; the order itself having been passed at 11.30 p.m. on 4th June, 2011. There are serious disputes raised as to the manner in which the order was sought to be executed by the Police. According to Respondent No. 4 and the learned amicus, it was not executed as per the legal framework ....
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....e law is clear that it is the fundamental right of the people to hold such agitation or morchas in the streets and on public land and the Police have been vested with no power to place any restriction, much less an unreasonable restriction, upon the exercise of such right. There is no statutory form provided for seeking permission of the Police before holding any such public meeting. While relying on the Constitution Bench judgment of this Court in the case of Himat Lal (supra), the contention is that the Police cannot be vested with unrestricted and unlimited power for grant or refusal of permission for holding such public functions. In fact, it is stated to be no requirement of law. In the alternative, the contention is that there was no condition imposed by the Police for grant of permission, which had been violated. Thus, there was no occasion or justification, not even a reasonable apprehension, for revoking that permission. The imposition of restriction must be preceded by some act or threatening behavior which would disturb the public order or public tranquility. 192. The Ramlila Maidan belongs to MCD and they granted the permission/licence to use the said property from 1....
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.... other words, 'social order' is an expression of wide amplitude. It has a direct nexus to the Preamble of the Constitution which secures justice - social, economic and political - to the people of India. An activity which could affect 'law and order' may not necessarily affect public order and an activity which might be prejudicial to public order, may not necessarily affect the security of the State. Absence of public order is an aggravated form of disturbance of public peace which affects the general course of public life, as any act which merely affects the security of others may not constitute a breach of public order. The 'security of the State', 'law and order' and 'public order' are not expressions of common meaning and connotation. To maintain and preserve public peace, public safety and the public order is unequivocal duty of the State and its organs. To ensure social security to the citizens of India is not merely a legal duty of the State but a constitutional mandate also. There can be no social order or proper state governance without the State performing this function and duty in all its spheres. 195. Even for ensuring the exe....
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....I of the Seventh Schedule of the Constitution of India. 199. These are primarily the fields of legislation, but once they are read with the constitutional duties of the State under Directive Principles with reference to Article 38 where the State is to secure a social order for promotion of welfare of the people, the clear result is that the State is not only expected but is mandatorily required to maintain social order and due protection of fundamental rights in the State. 200. Freedom of speech, right to assemble and demonstrate by holding dharnas and peaceful agitations are the basic features of a democratic system. The people of a democratic country like ours have a right to raise their voice against the decisions and actions of the Government or even to express their resentment over the actions of the Government on any subject of social or national importance. The Government has to respect and, in fact, encourage exercise of such rights. It is the abundant duty of the State to aid the exercise of the right to freedom of speech as understood in its comprehensive sense and not to throttle or frustrate exercise of such rights by exercising its executive or legislative power....
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....equences thereof. This Standing Order also provides as to how the proceedings in furtherance to an order passed under Section 144 Code of Criminal Procedure. should be carried out. It further indicates that the entire tilt of the Regulation is to grant permission for holding processions or rallies and they need to be accommodated at the appropriate places depending upon the number of persons proposing to attend the said rally or meeting and the nature of the activity that they are expected to carry on. For instance, under clause (h), as the Parliament Street and Jantar Mantar cannot accommodate more than 5000 persons, if there is a larger crowd, they should be shifted to the Ramlila Ground and if the crowd is expected to be more than 50,000 and the number of vehicles would accordingly swell up, then it should be shifted to a park or another premises, which can safely accommodate the gathering. 203. The learned Solicitor General appearing for the Union of India argued that the Ministry of Home Affairs had never told the Police to take any action. The Police only kept the senior officers in the Ministry of Home Affairs informed. What transpired at the site is correctly stated by t....
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.... case led to a terror in the minds of members of the assembly and finally the untoward incident. 205. It is also true that a man on the spot and responsible for maintenance of public peace is the appropriate person to form an opinion as contemplated in law. But, here the onus was on the Police Authorities to show existence of such circumstances at the spot when, admittedly, all persons were sleeping peacefully. The courts have to realize that the rights of the organizers and other members of the Society had to be protected if a law and order situation was created as a result of a given situation. 206. The learned Solicitor General is correct in his submissions that the scope of the present suo moto petition is a limited one. But certainly it is not so limited that the Court would neither examine facts nor the law applicable but would accept the government affidavits as a gospel truth. The order dated 6th June, 2011 has two distinct requirements. Firstly, relating to the take of the police authorities. Secondly, circumstances in which such power with brutality and atrocities was asserted against large people who had gathered at the Ramlila ground. 207. While keeping the pri....
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....ent at the Ramlila Maidan in the midnight of 4th/5th June, 2011. 210. The learned Amicus also contended that the doctrine of limited judicial review would not stricto sensu apply to the present case. The case is not limited to the passing of an order under Section 144, Code of Criminal Procedure, but involves the larger issue of fundamental freedom and restrictions in terms of Article 19(1)(a) of the Constitution, as well as the interest of number of injured persons and Rajbala, the deceased. It is also his contention that there is a clear abdication of powers by the Police to the Ministry of Home Affairs. The order and action of the Police are patently unjustifiable. If the trajectories of two views, one of the Ministry and other of the Police point out towards the action being mala fide, be it so, the Court then should decide the action to be mala fide. Mala fides is a finding which the Court can return only upon proper allegations supported by documentary or other evidence. It is true that if the factual matrix of the case makes the two trajectories (case of both the Respondents) point towards an incorrect decision, the Court would be reluctant to return a finding of mala fid....
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....the exercise of a fundamental right. 213. The contention made by Mr. Ram Jethmalani, learned Senior Advocate, is that this judgment should be construed to mean that it is not obligatory or even a directory requirement to take permission of the Police authorities for holding such public meetings at public places. According to him the Police have no such power in law. I am not quite impressed by this submission. This argument, if accepted, can lead to drastic and impracticable consequences. If the Department of Police will have no say in such matters, then it will not only be difficult but may also be improbable for the Police to maintain law and order and public tranquility, safeguarding the interest of the organizers, the persons participating in such public meetings as well as that of the public at large. 214. I am bound and, in fact, I would follow the view expressed by a Constitution Bench of this Court in the case of Himat Lal (supra) in paragraph 31 of the judgment: It seems to us that it follows from the above discussion that in India a citizen had, before the Constitution, a right to hold meetings on public streets subject to the control of the appropriate aut....
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....law and enforcement of such restriction has to come by a regulatory mechanism, which obviously would take within its ambit the role of Police. The Police have to perform their functions in the administration of criminal justice system in accordance with the provisions of the Code of Criminal Procedure. and the other penal statutes. It has also to ensure that it takes appropriate preventive steps as well as maintains public order or law and order, as the case may be. In the event of any untoward incident resulting into injury to a person or property of an individual or violation of his rights, it is the Police alone that shall be held answerable and responsible for the consequences as may follow in law. The Police is to maintain and give precedence to the safety of the people as salus populi supremo lex (the safety of the people is the supreme law) and salus republicae supremo lex (safety of the State is the supreme law) coexist and are not only important and relevant but lie at the heart of the doctrine that the welfare of an individual must yield to that of the community. Besides, one fact that cannot be ignored is that Respondent No. 4, in furtherance to the understanding of law,....
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....which initially might have been a lawful assembly, would become an unlawful assembly and the people so assembled would be required to disperse in furtherance to such order. A person can not only be held responsible for his own act, but, in light of Section 149 Indian Penal Code, if the offence is committed by any member of the unlawful assembly in prosecution of a common object of that assembly, every member of such assembly would become member of the unlawful assembly. 224. Obedience of lawful orders is the duty of every citizen. Every action is to follow its prescribed course in law Actio quaelibet it sua via. The course prescribed in law has to culminate to its final stage in accordance with law. In that process there might be either a clear disobedience or a contributory disobedience. In either way, it may tantamount to being negligent. Thus, the principle of contributory negligence can be applied against parties to an action or even a non- party. The rule of identification would be applied in cases where a situation of the present kind arises. Before this Court, it is the stand of the Police authorities that Baba Ramdev, members of the Trust and their followers refused to o....
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..... There could be cases of negligence between spectators and participants in sporting activities. However, in such matters, negligence itself has to be established. In cases of 'contributory negligence', it may not always be necessary to show that the claimant is in breach of some duty, but the duty to act carefully, usually arises and the liability in an action could arise (Ref. Charlesworth & Percy on Negligence, Eleventh Edition, Pages 195, 206). These are some of the principles relating to the award of compensation in cases of contributory negligence and in determining the liability and identifying the defaulter. Even if these principles are not applicable stricto sensu to the cases of the present kind, the applied principles of contributory negligence akin to these principles can be applied more effectively on the strength of the provisions of Section 149 Indian Penal Code. 229. A negligence could be composite or contributory. 'Negligence' does not always mean absolute carelessness, but want of such a degree of care as is required in particular circumstances. 'Negligence' is failure to observe, for the protection of the interests of another person, th....
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....riminal Procedure. is a restriction on enjoyment of fundamental rights. It has been held to be a reasonable restriction. Once an order is passed under Section 144 Code of Criminal Procedure. within the framework and in accordance with the requirements of the said Section, then it is a valid order which has to be respected by all concerned. Its enforcement is the natural consequence. In the present case, the order was passed under Section 144 Code of Criminal Procedure. at about 11.30 p.m. whereafter the Police had come to Ramlila Maidan to serve the said order on the representatives of Respondent No. 4. The video and the footage of CCTV cameras played before this Court show that the officers of the Police along with the limited force had come to inform Baba Ramdev and/or the representatives of Respondent No. 4 about the passing of the said order, but they did not receive the requisite cooperation from that end. On the contrary, it is clear from the various documents before this Court that Baba Ramdev did not receive the order though obviously he had come to know about the said order. At the time of the incident, Baba Ramdev was sleeping in the rest room. Thereafter he came to the s....
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....ot happen. Keeping in view the stature and respect that Baba Ramdev enjoyed with his followers, he ought to have exercised the moral authority of his office in the welfare of the people present. There exists a clear constitutional duty, legal liability and moral responsibility to ensure due implementation of lawful orders and to maintain the basic rule of law. It would have served the greater public purpose and even the purpose of the protests for which the rally was being held, if Baba Ramdev had requested his followers to instantaneously leave Ramlila Maidan peacefully or had assured the Authorities that the morning yoga programme or protest programme would be cancelled and the people would be requested to leave for their respective places. Absence of performance of this duty and the gesture of Baba Ramdev led to an avoidable lacerating episode. Even if the Court takes the view that there was undue haste, adamancy and negligence on the part of the Police authorities, then also it cannot escape to mention that to this negligence, there is a contribution by Respondent No. 4 as well. The role of Baba Ramdev at that crucial juncture could have turned the tide and probably brought a p....
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....s unreasonable and unwarrantedly executed. The action demonstrated the might of the State and was an assault on the very basic democratic values enshrined in our Constitution. Except in cases of emergency or the situation unexceptionably demanding so, reasonable notice/time for execution of the order or compliance with the directions issued in the order itself or in furtherance thereto is the pre-requisite. It was primarily an error of performance of duty both by the police and Respondent No. 4 but the ultimate sufferer was the public at large. (2) From the facts and circumstances that emerge from the record before this Court, it is evident that it was not a case of emergency. The police have failed to establish that a situation had arisen where there was imminent need to intervene, having regard to the sensitivity and perniciously perilous consequences that could have resulted, if such harsh measures had not been taken forthwith. (3) The State has a duty to ensure fulfillment of the freedom enshrined in our Constitution and so it has a duty to protect itself against certain unlawful actions. It may, therefore, enact laws which would ensure such protection. The ri....
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.... to have discharged their legal and moral duty and should have fully cooperated in the effective implementation of a lawful order passed by the competitive authority under Section 144 Code of Criminal Procedure. Due to the stature that Baba Ramdev enjoyed with his followers, it was expected of him to request the gathering to disperse peacefully and leave the Ramlila Maidan. He ought not have insisted on continuing with his activity at the place of occurrence. Respondent No. 4 and all its representatives were bound by the constitutional and fundamental duty to safeguard public property and to abjure violence. Thus, there was legal and moral duty cast upon the members of the Trust to request and persuade people to leave the Ramlila Maidan which could have obviously avoided the confrontation between the police and the members of the gathering at the Ramlila Maidan. (6) As difficult as it is to anticipate the right to any freedom or liberty without any reasonable restriction, equally difficult it is to imagine existence of a right not coupled with a duty. The duty may be a direct or an indirect consequence of a fair assertion of the right. Part III of the Constitution, althoug....
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....body to whom such permission is granted, shall give an undertaking to the authorities concerned that he/it will cooperate in carrying out their duty and any lawful orders passed by any competent court/authority/forum at any stage of the commencement of an agitation/dharna/ procession and/or period during which the permission granted is enforced. This, of course, shall be subject to such orders as may be passed by the court of competent jurisdiction. (12) Even on the touchstone of the principle of 'in terrorem', I am of the view that the police have not acted with restraint or adhered to the principle of 'least invasion' with the constitutional and legal rights available to Respondent No. 4 and the members of the gathering at the Ramlila Maidan. (13) The present case is a glaring example of trust deficit between the people governing and the people to be governed. Greater confidence needs to be built between the authorities in power and the public at large. Thus, I hold and direct that while considering the 'threat perception' as a ground for revoking such permissions or passing an order under Section 144 Code of Criminal Procedure., 'car....
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....s, rules or the standing orders and their actions have an element of criminality. This action shall be taken against the officer/personnel irrespective of what ranks they hold in the hierarchy of police. b. The police personnel who were present in the pandal and still did not help the evacuation of the large gathering and in transportation of sick and injured people to the hospitals have, in my opinion, also rendered themselves liable for appropriate disciplinary action. c. The police shall also register criminal cases against the police personnel and members of the gathering at the Ramlila ground (whether they were followers of Baba Ramdev or otherwise) who indulged in damage to the property, brick-batting etc. All these cases have already been reported to the Police Station Kamla Market. The police shall complete the investigation and file a report under section 173 of the Code of Criminal Procedure. within three months from today. (17) I also direct that the persons who died or were injured in this unfortunate incident should be awarded ad hoc compensation. Smt. Rajbala, who got spinal injury in the incident and subsequently died, would be entitled to ....
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....assed under Section 144 Code of Criminal Procedure. by the Assistant Commissioner of Police, Kamla Market, Central District, Delhi is also subject to legal scrutiny by me in these proceedings to find out as to whether the said order is in conformity with the provisions of Section 144 Code of Criminal Procedure. read with Section 134 there of and the Delhi Police Standing Order 309. 240. I respectfully agree with all the observations and the findings recorded by my colleague and I also concur with the observation that the findings recorded on the sufficiency of reasons in the order dated 4.6.2011 are tentative which could have been challenged if they so desired before the appropriate forum in proper proceedings. Nonetheless, the reservations that I have about State Police action vis-`-vis the incident in question and my opinion on the curtailment of the right of privacy of sleeping individuals has to be expressed as it directly involves the tampering of inviolate rights, that are protected under the Constitution. Proceedings under Section 144, even if resorted to on sufficient grounds, the order could not be implemented in such unruly manner. Such a power is invoked to prevent th....
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....gathered has already been explained in the judgment delivered by my learned brother and, therefore, it is not necessary to enter into any further details thereof. The fact remains that implementation of promulgated prohibitory orders was taken when the crowd was asleep. The said assembly per-se, at that moment, did not prima facie reflect any apprehension of eminent threat or danger to public peace and tranquillity nor any active demonstration was being performed at that dead hour of night. The Police, however, promulgated the order on the basis of an alleged information received that peace and tranquillity of that area would be disturbed and people might indulge in unlawful activities. The prohibitory order also recites that conditions exist that unrestricted holding of a public meeting in the area is likely to cause obstruction to traffic, danger to human safety and disturbance of public tranquillity and in order to ensure speedy action for preventing any such danger to human life and safety, the order was being promulgated. 247. The order further recites that since the notice for the promulgation cannot be served individually as such it shall be published for information thro....
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....that its deprivation would result in mental and physical torture both. It has a wide range of negative effects. It also impairs the normal functioning and performance of an individual which is compulsory in day-to-day life of a human being. Sleep, therefore, is a self rejuvenating element of our life cycle and is, therefore, part and partial of human life. The disruption of sleep is to deprive a person of a basic priority, resulting in adverse metabolic effects. It is a medicine for weariness which if impeded would lead to disastrous results. 250. Deprivation of sleep has tumultuous adverse effects. It causes a stir and disturbs the quiet and peace of an individual's physical state. A natural process which is inherent in a human being if disturbed obviously affects basic life. It is for this reason that if a person is deprived of sleep, the effect thereof, is treated to be torturous. To take away the right of natural rest is also therefore violation of a human right. It becomes a violation of a fundamental right when it is disturbed intentionally, unlawfully and for no justification. To arouse a person suddenly, brings about a feeling of shock and benumbness. The pressure of....
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....on. This coupled with what is understood of sleep hereinbefore, makes it clear that the precipitate action was nothing but a clear violation of human rights and a definite violation of procedure for achieving the end of dispersing a crowd. 252. Article 355 of the Constitution provides that the Government of every State would act in accordance with the provisions of the Constitution. The primary task of the State is to provide security to all citizens without violating human dignity. Powers conferred upon the statutory authorities have to be, perforce, admitted. Nonetheless, the very essence of constitutionalist is also that no organ of the State may arrogate to itself powers beyond what is specified in the Constitution. (Vide: GVK Industries Ltd. and. Anr. v. Income Tax Officer and. Anr. (2011) 4 SCC 36; and Nandini Sundar and Ors. v. State of Chhatisgarh AIR 2011 SC 2839). 253. In H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur and Ors. v. Union of India AIR 1971 SC 530, this Court held that even in civil commotion or even in war or peace, the State cannot act catastrophically outside the ordinary law and there is legal remedy for its wrongful acts against its own....
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....uman existence even as an animal? It might not be inappropriate to refer here to the words of the preamble to the Constitution that it is designed to 'assure the dignity of the individual' and therefore of those cherished human values as the means of ensuring his full development and evolution. We are referring to these objectives of the framers merely to draw attention to the concepts underlying the Constitution which would point to such vital words as 'personal liberty' having to be construed in a reasonable manner and to be attributed that sense which would promote and achieve those objectives and by no means to stretch the meaning of the phrase to square with any preconceived notions or doctrinaire constitutional theories. (Emphasis added) 258. The citizens/persons have a right to leisure; to sleep; not to hear and to remain silent. The knock at the door, whether by day or by night, as a prelude to a search without authority of law amounts to be police incursion into privacy and violation of fundamental right of a citizen. (See: Wolf v. Colorado (1948) 338 US 25). 259. Right to privacy has been held to be a fundamental right of the citizen being an inte....
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....2; Burrabazar Fireworks Dealers Association v. Commissioner of Police Calcutta AIR 1998 Cal 121; Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn. and. Ors. AIR 2000 SC 2773; and Forum, Prevention of Environment and Sound Pollution v. Union of India and. Ors. AIR 2006 SC 348). In the later judgment, this Court issued several directions including banning of using the fireworks or fire crackers except between 6.00 a.m. and 10.00 p.m. There shall no use of fire crackers in silence zone i.e. within the area less than 100 meters around hospitals, educational institutions, courts, religious places. 262. It is in view of this fact that, in many countries there are complete night curfews (at the airport i.e. banning of landing and taking off between the night hours), for the reason that the concept of sound sleep has been associated with sound health which is inseparable facet of Article 21 of the Constitution. 263. It may also be pertinent to mention here that various statutory provisions prohibit arrest of a judgment debtor, a woman in the night and restrain to enter in the night into a constructed area suspected to have been raised in violation of the sa....
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.... The order must set out the material facts of the situation. Such a provision can be used only in grave circumstances for maintenance of public peace. The efficacy of the provision is to prevent some harmful occurrence immediately. Therefore, the emergency must be sudden and the consequences sufficiently grave. 269. The disobedience of the propitiatory order becomes punishable under Section 188 I.P.C. only "if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury to any person lawfully employed" or "if such disobedience causes or tends to cause damage to human life, health or safety or causes or tends to cause riot or affray". Disobedience of an order by public servant lawfully empowered will not be an offence unless such disobedience leads to enumerated consequences stated under the provision of Section 188 Indian Penal Code. More so, a violation of the propitiatory order cannot be taken cognizance of by the Magistrate who passed it. He has to prefer a complaint about it as provided under Section 195 (1)(a) Indian Penal Code. A complaint is not maintainable in the absence of allegation of danger to life, health ....
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....ed holding of public meeting, processions/demonstration etc. in the area is Iikely to cause obstruction to traffic, danger to human safety and disturbance of public tranquillity. (iii) and whereas it is necessary to take speedy measures in this regard to prevent danger to human life, safety and disturbance of public tranquillity. (iv) Now, therefore, in exercise of the powers conferred upon me by virtue of Section 144 Criminal Procedure Code 1973 read with Govt. of India, Ministry of Home Affairs and New Delhi's Notification No. U.11036/1/2010, (i) UTI, dated 09.09.2010. I Manohar Singh, Assistant Commissioner of Police, Sub-Division Kamla Market, Central District, Delhi do hereby make this written order prohibiting. xxx (vi) Any person contravening this order shall be liable to be punished in accordance with the provisions of Section 188 of the Indian Penal Code; and (vii) As the notice cannot be served individually on all concerned, the order is hereby passed ex-parte. It shall be published for the information of the public through the press and by affixing copies on the notice boards of the office of all DCPs, Addl. DCPs, ACPs, Te....