C—Urgent cases of nuisance or apprehended danger
144. Power to issue order in urgent cases of nuisance or
apprehended danger
(1)
In cases where, in the opinion of a District Magistrate, a Sub-divisional
Magistrate or any
other
Executive Magistrate specially empowered by the State Government in this
behalf, there is
sufficient
ground for proceeding under this section and immediate prevention or speedy
remedy
is
desirable, such Magistrate may, by a written order stating the material facts
of the case and
served
in the manner provided by section 134, direct any person to abstain from a
certain act or
to
take certain order with respect to certain property in his possession or under
his management,
if
such Magistrate considers that such direction is likely to prevent, or tends to
prevent,
obstruction,
annoyance or injury to any person lawfully employed, or danger to human life,
health
or safety, or a disturbance of the public tranquillity, or a riot, or an affray
(2)
An order under this section may, in cases of emergency or in cases where the
circumstances
do
not admit of the serving in due time of a notice upon the person against whom
the order is
directed,
be passed ex parte
(3)
An order under this section may be directed to a particular individual, or to
persons residing
in
a particular place or area, or to the public generally when frequenting or
visiting a particular
place
or area
(4)
No order under this section shall remain in force for more than two months from
the making
thereof:
Provided
that, if the State Government considers it necessary so to do for preventing
danger
to human life, health or safety or for preventing a riot or any affray, it may,
by
notification,
direct that an order made by a Magistrate under this section shall remain in
force for
such
further period not exceeding six months from the date on which the order made
by the
Magistrate
would have, but for such order, expired, as it may specify in the said
notification
(5)
Any Magistrate may, either on his own motion or on the application of any
person aggrieved,
rescind
or alter any order made under this section, by himself or any Magistrate
subordinate to
him
or by his predecessor-in-office
(6)
The State Government may, either on its own motion or on the application of any
person
aggrieved,
rescind or alter any order made by it under the proviso to subsection
(4)
(7)
Where an application under sub-section (5), or sub-section (6) is received, the
Magistrate, or
the
State Government, as the case may be, shall afford to the applicant an early
opportunity of
appearing
before him or it, either in person or by pleader and showing cause against the
order,
and
if the Magistrate or the State Government, as the case may be, rejects the
application wholly
or
in part, he or it shall record in writing the reasons for so doing
Comments
(1)
Order under section 144 is amenable to writ jurisdiction on violation of any
Fundamental
Right;
Gulam Abbas v State of Uttar Pradesh, AIR
1981 SC 2198 : (1981) Cr LJ 1835
(2)
As far as possible customary right of a community should not be disturbed; Gulam Abbas v
State of Uttar Pradesh, AIR
1981 SC 2198: (1981) Cr LJ 1835
