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The Calcutta High Court on Tuesday set aside the West Bengal government’s decision to impose prohibitory orders under Section 144 of the Code of Criminal Procedure (CrPC) at Sandeshkhali in the North 24 Parganas area.
Justice Jay Sengupta of the Calcutta High Court said that the manner in which it was done was not right.
The block about 100 km from Kolkata in the Sundarbans area has been on the boil over allegations of molestation of women allegedly by local Trinamool Congress leaders.
Section 144 of the Code of Criminal Procedure
Section 144 of the CrPC empowers magistrates to issue orders in situations of urgent nuisance or apprehended danger.
This means situations where immediate action is necessary to prevent:
Disturbance of public peace or tranquility
Rioting or any affray
Injury to human life, health, or safety
Damage to public property
Key Points of Section 144:
Who can issue orders: Magistrates (including District Magistrates and Executive Magistrates) have the authority to issue orders under this section.
Content of orders: Orders can be directed to specific individuals, groups, or the public at large. They can restrict specific activities like assembly, movement, use of property, etc.
Duration: Orders remain in force for a maximum of 2 months, extendable to 6 months by the State Government in exceptional circumstances.
Enforcement: Violating orders under Section 144 is punishable with imprisonment or fine or both.
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