Friday, 8 August 2014

Section 144 of Code of Criminal Procedure

It is common that section 144 is imposed in different cities from time to time. The following is the content of this section of code of criminal procedure:-

TEMPORARY ORDERS IN URGENT CASES OF NUINANCE OR
APPREHANDED DANGER
144. Power to issue order absolute at once in urgent cases of nuisance or
apprehended danger: (1) in cases where, in the opinion of [the Zila Nazim upon the
written recommendation of the District Superintendent of Police or Executive District
Officer] there is sufficient ground for proceeding under this section and immediate
prevention or speedy remedy is desirable.
[the Zila Nazim] may, by a written order stating the material facts of the case and served in
manner provided by Section 134, direct any person to abstain from a certain act or take
certain order with certain property in his possession or under his management, if such
Magistrate considers that such direction is likely to prevent, or tends to prevent,
obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person
lawfully employed, or clanger to human life, health or safety, or a disturbance of the public
tranquillity, or a riot, or an affray.
(2) An order under this section may, in case of emergency or In cases where the
circumstances do not admit of the serving in due time of a notice upon the person against
whom the order is directed, be passed, exparte.
(3) An order under this section may be directed to a particular individual, or to the public
generally when frequenting or visiting a particular place.
(4) [The Zila Nazim] may, either, on his own motion or on the application of any person
aggrieved, rescind or alter any order made under this section by himself or by his
predecessor-in-office.
(5) Where such an application is received, the Magistrate shall afford to the applicant an
early opportunity of appearing before him either in person or by pleader and showing
cause against the order; and, if the [Zila Nazim] rejects the application wholly or in part, he
shall record in writing his reasons for so doing.
(6) No order under this section shall remain in force for more than two 39[consecutive
days and not more than seven days in a month] from the making thereof; unless, in cases
of danger to human life, health or safety, or a likelihood of a riot or an affray, the Provincial
Government, by notification in the official Gazette, otherwise directs.
[(7) In the application of sub-sections (1) to (6) to the districts where the local Government
elections have not been held, or the Zila Nazim has not assumed charge of office, any
reference in those provisions to the Zila Nazim shall be read as a reference to the District
Coordination Officer in relation to such districts:
Provided that this sub-section shall cease to have effect, and shall be deemed to have
been repealed, at the time when local Governments are installed in the districts as
aforesaid.]
Subs. by Ordinance. XXXVII of 2001, dt. 13-8-2001.
Sub-section (7) 2 Proviso added by Ordinance, XLMI of 2001, . dt. 29-8-2001.

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