PIL against prohibitory orders at India Gate

PIL against prohibitory orders at India Gate

By: || Updated: 28 Dec 2012 09:02 AM

A PIL was filed on Friday in the Delhi High Court challenging
the imposition of prohibitory orders around India Gate during protests
against the gangrape of a young woman.

Filed by advocate Anand K Mishra, the public interest litigation
challenged the decision apparently aimed at preserving public tranquility
during the street protests.

A division bench of Justice Siddharth Mridul and Justice Pratibha Rani
agreed to hear the PIL and posted it for January 2.

Additional Solicitor General Siddharth Luthra, appearing for Delhi Police,
justified the imposition of section 144 of Criminal Procedure Code banning
the assembly of five or more people.

In the PIL against the home ministry, Delhi government and Delhi Police,
Mishra sought a direction to declare the December 22 decision
"unconstitutional and illegal".

"The police has further been acting in derogation of that illegal order
imposing total ban and creating curfew like situation around India Gate
restricting magistrates, lawyers, court staff, people and litigants from
approaching Patiala House Court complex under the garb that they apprehend
problem to public order," said the plea.

The plea said there were "unreasonable restrictions" on peaceful assembly
and movement of public at large.

Mishra said "there was no grave and uncontrollable situation warranting
the order.

"It is apparent that after the unfortunate incident of gang-rape and
brutal sexual assault on a 23-year-old and a boy who was with her on
December 16, people have lost faith in the system," the PIL said.

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