The Shillong district magistrate imposed Section 144 across the entire city for a month. Is this constitutional?
MA Asked by Madhuri Dixit from India
Quick Answer
Section 163 BNSS, 2023 (formerly Section 144 CrPC) allows restrictions to prevent imminent danger, but a blanket city-wide imposition for a month is excessive and likely violates Article 19(1)(b) and 19(1)(a).
Detailed Legal Analysis
Section 163 BNSS, 2023 (formerly Section 144 CrPC) allows restrictions to prevent imminent danger, but a blanket city-wide imposition for a month is excessive and likely violates Article 19(1)(b) and 19(1)(a). The Supreme Court in Anuradha Bhasin (2020) held that restrictions on assembly and internet must be proportionate, time-bound, and subject to judicial review.
File a representation for lifting or narrowing the order before the Shillong magistrate. Challenge the order before Meghalaya High Court under Article 226 for a writ of certiorari quashing it as arbitrary under Article 14.
Preserve the order and its Gazette notification as evidence. Refer to Meghalaya Rent Control Act 2014 for any state police or magisterial procedural rules in Meghalaya.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.