Section 144 / 163

23 Dec 2012

In power

INC — Delhi Police

Acted

Police, Delhi

Under

Section 144 CrPC, 1973 (as reported; the order itself was not found)

Delhi Police prohibitory orders barred assemblies in central New Delhi, including India Gate, Rajpath and the area near Rashtrapati Bhavan, and police asked protesters to demonstrate at Jantar Mantar or Ramlila Maidan instead. Reports differ on the threshold: PTI reported a ban on four or more people, Al Jazeera on more than five. A public interest petition in the Delhi High Court (WP 8127 of 2012, Anand K. Mishra v. Delhi Police) described the order as dated 22 December and challenged it as a breach of the rights to assemble and move freely; the Additional Solicitor General argued for Delhi Police that protesters were obstructing traffic and that the order was within Section 144, and on 2 January 2013 the Chief Justice's bench reserved orders. The Associated Press reported that on 23 December authorities withdrew the ban on assembly in the high-security zone as crowds converged, while keeping barricades. On 25 December police told protesters at Jantar Mantar that prohibitory orders were in place and no protests were allowed in and around India Gate. [2][3][4][1][5][7][6]

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