The bench was hearing a public interest litigation (PIL) petition filed by activists Aruna Roy and Nikhil Dey challenging the blanket imposition of Section 144 CrPC orders amidst the ongoing Lok Sabha elections.
The plea filed through advocate Prasanna S said that Magistrates and State governments must be restrained from to indiscriminately passing such blanket orders under Section 144.
Such action amounts to an illegal interference with the right to vote as it thwarts and obstruct public participation in the democratic process, the petitioners argued.
“The repeated imposition of sec. 144 prohibitory order has allowed the State to impose restrictions of freedoms under Article 19 as the rule … it is manifestly unconstitutional for being demonstrably disproportionate. The authorities cannot act merely on the conjecture that there will be a public order issue merely on the grounds of elections having been announced. These orders are neither lawful, nor least restrictive, nor are demonstrably necessary in a democratic society,” the plea said.
Source: Barandbench
