News:

• Along with the rest of the country, the Cachar district administration has also made war-like preparations to contain the spread of the novel coronavirus (COVID-19).

What is Section 144?

It gives power to a District Magistrate, a sub- divisional Magistrate or any other Executive Magistrate on behalf of the State Government to issue an order to an individual or the general public in a particular place or area to “abstain from a certain act” or “to take certain order with respect to certain property in his possession or under his management”.

• This order can be passed against a particular individual or general public. The order can be passed even ex-parte.
• As held by the Supreme Court, mere apprehension of danger is not a sufficient ground to curb citizens’ rights by invoking Section 144 CrPC.

Implications:

1. Section 144 restricts carrying any sort of weapon in that area where it has been imposed and people can be detained for violating it. The maximum punishment for such an act is three years.
2. According to the order under this section, there shall be no movement of public and all educational institutions shall also remain closed and there will be a complete bar on holding any kind of public meetings or rallies during the period of operation of this order.
3. Section 144 also empowers the authorities to block the internet access.

Duration of Section 144 order:

No order under Section 144 shall remain in force for more than two months but the state government can extent the validity for two months and maximum up to six months. It can be withdrawn at any point of time if situation becomes normal.

As per the Section, the order can be passed only “if such Magistrate considers”, that the direction is likely to prevent:

1. obstruction, annoyance or injury to any person lawfully employed.
2. danger to human life, health or safety.
3. disturbance of the public tranquility, or a riot or affray.