P PUGALENTHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These writ petitions designed as 'Public interest litigation' have been filed, praying for issuance of a writ of Declaration, declaring the action of the respondent, namely, the District Collector, Tirunelveli District, clamping an order under Section 144 CrPC, on the entire Radhapuram Taluk, Tirunelveli District from 3.00 p.m of 19.03.2012 till 3.00 p.m of 02.04.2012 as being null and void and for a consequential direction to restore normalcy to the Radhapuram Taluk, Tirunelveli District and in particular Idinthakarai. The petitioners have stated that "The Hindu" dated 20.03.2012, reported that a Prohibitory Order under Section 144 CrPC was clamped on Radhapuram Taluk, Tirunelveli District and the Taluk comprises of about 50 villages and by virtue of such order, the people residing in those villages have been virtually under house arrest and therefore, a direction has been sought for immediately to lift the Prohibitory Order passed under Section 144 CrPC and allow the people of Radhapuram Taluk to move freely.

(2.) Mr. M.Radhakrishnan, learned counsel appearing for the writ petitioner submitted that the District Collector in the guise of exercising his power for maintaining public peace and tranquillity, deprived the people of Radhapuram Taluk of their basic and fundamental right to move freely from one place to another. Further, it is submitted that no material whatsoever was disclosed explaining the necessity of imposing this unreasonable restriction. There is no reason whatsoever, why a Prohibitory Order should be passed for the entire Taluk. The learned counsel after referring to Section 144 CrPC, submitted that none of the grounds mentioned under Sub-Section (1) Section 144 have been satisfied and no material has been placed before the District Collector to arrive at such satisfaction and no untoward incident has been reported in the past eight months when protests have been going on against the commissioning of the Atomic Power Plant at Koodankulam and the order has been promulgated on the same evening after the Cabinet of the State Government took a decision. It is further submitted that the procedure contemplated under Section 134 CrPC as regards service or notification of the order has not been followed and the order passed under Section 144 CrPC has not been made available to the people and has not been affixed in the area and therefore, there is a serious procedural violation which itself would be sufficient to revoke the order. The learned counsel placed reliance on the decision of the Constitution Bench of the Supreme Court in Madhu Limaye vs. S.D.M. Monghyr, 1971 AIR(SC) 2486 and submitted that for action under Section 144 CrPC, there should be urgency of the situation and the emergency must be sudden and the consequences sufficiently grave and it is submitted that all these aspects are not present warranting passing of the impugned order. The learned counsel also placed reliance on the decision of the Supreme Court in Gulam Abbas vs. State of U.P., 1981 AIR(SC) 2198 and submitted that the power under Section 144 CrPC is intended for preventing disorders, obstructions etc., and such power is conferred on the Executive Magistrate to perform the function effectively during emergency situation and there is no such emergency situation in Radhapuram Taluk warranting promulgation of an order under Section 144 CrPC.

(3.) Mr. N.G.R.Prasad, learned counsel for the other writ petitioner submitted that the place where the protest is being held, is situated about 15 k.ms. away from the Atomic Plant and there is no reason as to why the entire village should be barricaded and the people of the area have been deprived of the essential commodities such as milk, water, electricity and the children are unable to commute to the School to attend the examination, since public transport has been cut off. It is further submitted that any order under Section 144 CrPC is subject to Article 19 & 21 of the Constitution and by virtue of the impugned order, the fundamental rights of the people of Idinthakarai, have been violated.