The Government has imposed Section 144 of the Criminal Procedure Code in South Goa which bars assembly of five or more persons at a place. It is no secret that Section 144 has been invoked to quell escalating public protests against those controversial projects. Restricting people’s movement has a direct consequence on the fundamental rights of the public.
Earlier this year after this section was being repeatedly imposed in various States the Supreme Court came down heavily on the authorities while ruling that Section 144 cannot be invoked as a tool to prevent the legitimate expression of opinion or grievance or exercise of any democratic rights.
The Court ruled that the power under Section 144, being remedial as well as preventive, is exercisable when there is an apprehension of danger, but that the danger contemplated should be in the nature of an emergency.
The Court also held that where fundamental rights of the citizens are being curtailed, the same cannot be done through an arbitrary exercise of power but must be based on objective facts.
AIRES RODRIGUES, Ribandar
