In Re: Ramlila Maidan Incident Vs. Home Secretary, Union of India
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Head Note
Constitution of India, 1950 - Article 19 , The Code of Criminal Procedure, 1973 - Section 144
Ram Lila Maidan incident - Holding of agitation and yoga camp by Baba Ram Dev and police excesses on people gathered to participate in the camp - Held that, any restriction imposed on freedom of speech and expression must be reasonable and not arbitrary and excessive and must have direct and proximate nexus with the object sought to be achieved - Section 144 Criminal Procedure Code is for empowering the authorities to pass orders to tend to or to prevent disturbances of public tranquillity and not an encroachment to the freedom granted under Article 19(1)(a) and 19(1)(b) of the Constitution.
Constitution of India, 1950 - Article 19
Sections 31 and 36 - Delhi Police Standing Order 309 - Requirement of police permission - It is the duty of police to ensure maintenance of public security and social order - Requirement of associating the police for implementation of rule of law while holding large meetings and dharnas, do not infringe fundamental rights under Article 19(1)(a) and (b) being within reasonable restrictions - Agitators are also bound to remain bound by law of procedure.
The Code of Criminal Procedure, 1973 - Section 144
Reasonable notice - Without any reasonable time granted for vacating the ground and enforcement of orders under Section 144 - No justify the police action - Held, grant of reasonable notice and time was necessary for execution of order.
The Code of Criminal Procedure, 1973 - Section 144
Suo motu cognizance by Supreme Court - Police excesses against peaceful assembly - Forceful eviction of sleeping agitators during night at odd hours by use of tear gas, lathi charge and brick-batting thereby causing serious to gravest injuries and casualty - Legality - Held that, Section 144 cannot be resorted to merely on imaginary or likely possibility or likelihood or tendency of a threat - There must exist material facts, imminent threat and requirement for immediate preventive steps, simultaneously to pass an order under Section 144 - Order passed under Section 144 and its execution should not be mala fide - Undue haste on part of police in implementation of order when there was no urgent situation requiring emergent police action, amounts to clear police excesses and abuse of power invasion of liberties and fundamental right to freedoms - Disciplinary action directed against erring police personnels and to register criminal cases against the police personnels and the members of gathering who indulged in damage to the public property and brick-batting - Compensation ordered to be paid for the death and injuries - Suo motu petition disposed of accordingly.
Topic(s)-Suo motu Cognizance by Supreme Court
Important Decision(s)-
- Section 144 of CrPC cannot be resorted to merely on imaginary or likely possibility or likelihood or tendency of a threat.
- Order passed under Section 144 of CrPC and its execution should not be mala fide.