SECTION 144

• Delhi witnesses an unprecedented rise in the water levels of the Yamuna River, breaching the previous all-time high recorded in 1978.
• As incessant rainfall continues in Delhi and the surrounding areas, coupled with the release of water from the Hathni Kund Barrage, the risk of flood-like conditions in low-lying areas near the river has intensified.
• In response, the Delhi Police has imposed prohibitory measures under Section 144 of the Criminal Procedure Code (CrPC) in flood-prone areas of the city.

2. About Section 144

• Section 144 CrPC, a law inherited from the colonial era, grants the authority to a district magistrate, sub-divisional magistrate, or any other executive magistrate empowered by the state government.
• This provision enables them to issue orders to address urgent cases involving apprehended danger or nuisance.

3. Powers and Restrictions under Section 144

• Under Section 144, the magistrate can issue written orders directed at specific individuals, persons residing in a particular area, or the public, in general, frequenting a specific location.
• These orders may require individuals to abstain from certain acts, take specific measures concerning property under their possession or management, or impose restrictions on movement, carrying arms, or unlawful assembly.
• While it is commonly believed that the assembly of three or more people is prohibited under Section 144, it can also be used to restrict the actions of a single individual.

4. Section 144 Imposition and Duration

• Section 144 orders must be passed in writing by the magistrate.
• Emergencies allow the magistrate to pass orders without prior notice to the individual against whom the order is directed.
• However, no Section 144 order can remain in force for more than two months from the date of issuance, unless the state government deems it necessary.
• Even then, the total period of enforcement cannot exceed six months.

5. Varied Application of Section 144

• A study conducted on over 5,400 Section 144 orders issued by the Delhi Police between January 2021 and January 2022 revealed its diverse application.
• The study found that Section 144 was imposed in various situations, ranging from the installation of CCTV cameras (accounting for 25.6% of cases) to the prohibition of using specific kinds of manjha during kite flying.
• Only 1.5% of the orders imposed blanket restrictions on unlawful assembly, while in some districts, no orders restricting the right to public assembly were issued at all.

6. Justification for Section 144 Imposition in Flood-Prone Areas

• The imposition of Section 144 in flood-prone areas of Delhi aims to prevent chaos and the congregation of large groups of people.
• This measure is not uncommon and is often imposed when there is an immediate danger apprehension.
• It is regarded as the simplest remedy available to the government to prevent the assembly of four or more people in one location, ensuring public safety and order.

7. Previous Instances of Section 144 Imposition in the NCR

• In the past, Section 144 has been imposed in the National Capital Region (NCR) in response to heavy rainfall and resulting chaos.
• In 2016, prohibitory orders under Section 144 were imposed near Hero Honda Chowk in Gurgaon, as thousands of commuters were stranded due to water-logging on the Gurgaon-Delhi Expressway and NH-8.

8. Recent Imposition of Section 144 in Kaziranga National Park, Assam

• Section 144 was also recently imposed in Kaziranga National Park, Assam, to prevent unnecessary gatherings at animal corridors and ensure the safety of animals during the monsoon season.
• This measure is taken to protect the wildlife and maintain order in the park.

9. Conclusion

• The imposition of Section 144 in flood-prone areas of Delhi is a precautionary measure aimed at maintaining public safety and preventing chaotic situations.
• While Section 144 has been utilized in various situations, its implementation during natural disasters like flooding helps to mitigate potential risks and ensure the effective management of such events.