ANAND K.MISHRA Vs. DELHI POLICE

JUDGEMENT

(1.) PRESENT writ petition has been filed in public interest seeking a direction to quash the order dated 22nd December, 2012 promulgating Section 144 of Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.') in India Gate, Central Vista lawns, Rajpath & Connaught Place as unconstitutional, illegal and ultra vires on the ground that it imposed an unreasonable restriction on the public. Petitioner also prays that the Court should issue/frame guidelines for imposition of restrictions under Section 144 Cr.P.C.

(2.) PETITIONER who appears in person submits that the impugned order dated 22nd December, 2012 issued by the respondent No. 1 is arbitrary and not in conformity with the Article 19 of the Constitution of India as it is based on the ground of 'obstruction to traffic', which according to him is not a ground recognised either under Cr.P.C. or under the Constitution to impose Section 144 Cr.P.C.

(3.) HAVING heard the petitioner, this court is of the view that impugned order dated 22nd December, 2012 passed by the Assistant Commissioner of Police is valid and legal. In our opinion the reasoning in the impugned order i.e. "likely to cause obstruction to traffic, danger to human safety and disturbance of public tranquillity" are cogent, sound and rational grounds for passing an order under Section 144 of the Cr.P.C.