The Sub-Divisional Magistrate of Delhi BK Jha has issued an order on Wednesday, August 3, 2016, which restricts any protests and demonstrations in front of Delhi’s Chief Minister Arvind Kejriwal residence on the Flag Staff Road in North Delhi’s Civil Line area. The restriction was posted for a period of 30 days and also warned for a strict action if in case any official is found violating the order.
But the greater turnout came when Delhi Lieutenant Governor Najeeb Jung on Thursday, August 4, 2016, has termed the order as illegal and expressed that an SDM is not authorized by the law to make such an order.
He has expressed that only the officers of DCP rank and above are authorized to issue an order under Section 144 of CrPC under the Police Act. North DCP Madhur Verma has also supported the point of LG Jung and directed the SDM to withdraw his order referring that it is a completely unnecessary step and kind of interference in the working of the police.
Jung told the reporters that, “The order is illegal because, under Police Commissioner System, the SDM cannot issue an order under Section 144 of CrPC. We will pull up the magistrate. He is liable for action for violating the law”. He further added, “If LG is sitting in his office, he imposes Section 144. Tell me can I do it? Despite the fact that the Police Commissioner reports to me, I cannot impose Section 144 in a particular area. Under Police Act, only a Deputy Commissioner of Police has the authority to do it”.
Jha, a DANICS officer, has reportedly imposed a ban on such public meetings, slogans, and dharnas, in the view of keeping the serious law and order problems away from the CM’s residence.
The SDM after issuing the order said that, “It has been reported that various political parties and pressure groups may hold protests, demonstrations, dharnas, processions etc on political and others issues in front, near or around the residence of the chief minister, GNCTD (Government of National Capital Territory of Delhi), which may create serious law & order problems.”
“These protests need to be prohibited in order to “prevent public nuisance, obstruction to traffic and persons, danger to inhuman lives or safety and public property,” as quoted from the order of SDM (Civil Lines).
Verma has asked Jha to withdraw his order and said that “a letter has been written to SDM Civil Lines to withdraw his order as it amounts to unnecessary interference in the working of Delhi Police and is beyond the domain of powers of SDM in Delhi”.
Madhur Verma, the officer under whose jurisdiction the North Delhi police district covers chief minister’s residence, said that, “The order issued by SDM Civil Lines, on August 2 is in violation of Ministry of Home Affairs’ order, dated July 1, 1978, according to which powers and duties of executive magistrate and district magistrate under section 144 CrPC within Delhi are given to Commissioner of Delhi Police”.
