Excelsior Correspondent
JAMMU, Aug 11: J&K High Court Bar Association Jammu through its general secretary A P Singh filed a writ petition seeking quashment of Order No.54 DMJ of 2015 dated August 1 whereby District Magistrate Jammu imposed the restrictions under Section 144 CrPC within the Municipal limits of all tehsils of Jammu.
In the writ petition filed through Advocates Sheikh Shakeel Ahmed, Arshad Majid Malik and Irfaan Mohammad Khan, it has been alleged that the impugned prohibitory order is vindictive, illegal, unconstitutional and actuated with malafide exercise of power. “The sole aim of the prohibitory order is to defuse the momentum of the agitation which is receiving mammoth response from the public of Jammu province and the District Magistrate Jammu issued the order impugned just to crush the popular movement for establishment of AIIMS in Jammu”, the petitioner said.
It has further been alleged that the local police crossed all the limits of decency when it used lathies on the innocent Bar members including its President. “Not only this, tear gas shells were used upon the protesting lawyers and other members of the AIIMS Coordination Committee. Even police personnel were caught on camera while damaging the vehicles of the protestors and false/frivolous FIRs were lodged against the senior functionaries of AIIMS Coordination Committee”, the Bar said.
“Section 144 CrPC deals with immediate prevention and speedy remedy and before invoking such a provision, the statutory authority must be satisfied regarding the existence of the circumstances showing the necessity of an immediate action. The sine qua non for an order under Section 144 CrPC is urgency requiring an immediate and speedy intervention by passing of an order. Such a provision can be used only in grave circumstances for maintenance of public peace. The emergency must be sudden and the consequences sufficiently grave but in the present case there is complete non-application of mind”, the Bar said.
Advocate S S Ahmed made a mention in the court of Justice Janak Raj Kotwal and requested for listing the instant petition today in view of its emergent nature. However, after considering the submissions of Advocate Ahmed, Justice Kotwal directed the Registry to list this petition tomorrow.
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