PIL against India Gate prohibitory orders during stir rejected

The Delhi High Court today dismissed a PIL against imposition of prohibitory orders around India Gate during the anti-rape stir last year.

A bench comprising Chief Justice N V Ramana and Justice Manmohan rejected the petition, saying asking Anand Kumar Mishra, a Delhi-based lawyer, to approach a lower court with his grievances.

"The petition is dismissed. The detailed order will follow," the bench said, adding that the common guidelines on imposition of prohibitory orders cannot be laid down.

Mishra, in his petition, had alleged that the prohibitory orders were invoked in an "arbitrary" manner and without following the procedures enshrined under CrPC.

The court, during an earlier hearing, however, had said, "There are rights to movement and speech and expression, (and) it (section 144 of CrPC) cannot be used just like that...Otherwise it would lead to loss of sanctity."

The plea had also cited various apex court judgements including the verdict on the Ramlila Maidan incident involving Baba Ramdev and his supporters and had sought framing of guidelines on the issue.

The petition was opposed by the Delhi police on the ground that the guidelines for imposition of prohibitory orders under section 144 of CrPC (which deals with power to issue orders in urgent cases of nuisance or apprehended danger) cannot be framed as all cases are "distinguishable" and contain different facts.