Section 144 empowers a magistrate to direct any person to abstain from a certain act if he feels that such direction is likely to prevent obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of public tranquility.
By virtue of this Bill, which was passed by the State Assembly in March 2021, the State has amended Section 195 of the CrPC, which made it mandatory for a public servant to be the complainant to initiate action for violation of Section 144 orders. This, in the opinion of the Gujarat government, created an impediment for police officers in taking cognizance of such violations.
“…section 195 (1) (a) (ii) of the Criminal Procedure Code, 1973 prohibits the jurisdictional courts from taking cognizance of the offences except on the complaint in writing of the public servant concerned,” the Bill’s Statement of Objects and Reasons reads.
In other words, the police can now lodge criminal cases against protestors without the need for a complaint from a public servant.
Source: Barandbench
