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Section 144 imposed in "casual, high-handed manner": West Bengal Governor

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Kolkata (West Bengal) | May 26, 2024 1:01:45 PM IST
West Bengal Governor CV Ananda Bose said in a letter posted on 'X' that the prohibitory orders imposed under Section 144 by the Kolkata Police have been promulgated in "a casual, high-handed manner".

The Governor said that the order passed on May 22 should be placed before the Council of Ministers for its consideration as per Article 167 (c) of the Constitution.

"The present order proceeds on an illegal footing as it terms such impositions of S.144 CrPC as a matter of routine. This prima facie indicates that there was no application of mind on the part of the competent authority and that the present order was issued in a 'routine' manner sans any sort of consideration," the Governor said in a letter.

"It is appalling that the present order issued under S.144 CrPC for such a long duration and which undoubtedly deprives the common man of his liberty and places fetters on his free movement has been promulgated in such a casual, high-handed manner," he added.

Governor Bose said that an order imposing Section 144 CrPC has the effect of curtailing the liberty of the citizenry and such orders cannot be issued as per the whims and fancies of the authorities concerned.

"It is trite that there must be a reasonable nexus between the threat contemplated and the measure that is sought to be imposed," the Governor said adding that it is incumbent upon the competent authority to arrive at a decision objectively after taking into consideration all relevant material.

The Governor said that the Kolkata Police has reportedly cited credible inputs about likely violent demonstrations on a large scale disturbing public tranquillity and breach of peace in areas falling under Kolkata's Bowbazar Police Station, Hare Street Police Station and Headquarters Traffic Guard, which is from KC Das Crossing towards Victoria House and its vicinity including Bentinck Street, from May 28 to July 26.

Earlier on Saturday, West Bengal BJP president Sukanta Majumdar said that Kolkata Police has imposed Section 144 of CrPC in Central Kolkata to hamper Prime Minister Narendra Modi's rally, scheduled to take place in Kolkata on May 28 and induce fear in the people.

"Kolkata police have clamped section 144 and said that it's routine. I think it has been implemented to hamper the Prime Minister's rally and to induce fear in the people," Majumdar told reporters in Kolkata. (ANI)

 
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