some recent rulings from the Supreme Court and various High Courts concerning Section 144 of the Criminal Procedure Code (CrPC)

 some recent rulings from the Supreme Court and various High Courts concerning Section 144 of the Criminal Procedure Code (CrPC), which has been succeeded by Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. These judgments provide insights into the application and limitations of such preventive measures:

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🏛️ Supreme Court Rulings

1. Aruna Roy & Anr. v. Union of India (2024)

• Context: District Magistrates in Rajasthan imposed Section 144 orders prohibiting public gatherings during the Lok Sabha elections.

• Ruling: The Supreme Court directed that applications for public meetings, such as democracy yatras, must be decided within three days. The Court emphasized that blanket prohibitions without specific reasoning are not permissible. 

2. State of Jharkhand v. Nishikant Dubey & Ors. (2025)

• Context: The Jharkhand government challenged the High Court's quashing of cases against BJP leaders accused of violating Section 144 during a protest.

• Ruling: The Supreme Court criticized the habitual use of Section 144 to curb protests, stating that such misuse sends a wrong signal and undermines democratic rights. 

⚖️ High Court Rulings

1. Calcutta High Court – Sandeskhali Case (2024)

• Context: An order under Section 144 CrPC was imposed in the Sandeskhali Police Station area.

• Ruling: The Court quashed the order, citing lack of proper reasoning and directed the state to issue more focused orders targeting specific disturbance areas rather than blanket restrictions. 

2. Calcutta High Court – Political Rally Ban (2023)

• Context: A political rally was banned under Section 144(2) CrPC.

• Ruling: The Court emphasized that such orders cannot be issued hastily and must be based on careful consideration, especially when fundamental rights are at stake. 

3. Madras High Court – Public Assembly Without Prohibitory Order (2024)

• Context: Individuals assembled and demonstrated against the police without any prohibitory order in place.

• Ruling: The Court held that in the absence of a Section 144 order, such assemblies are not illegal and do not constitute an offense. 

4. Punjab & Haryana High Court – Peaceful Protest (2023)

• Context: Political leaders were booked for allegedly violating Section 144 orders during a peaceful protest.

• Ruling: The Court quashed the FIRs, stating that peaceful protests do not amount to an offense under Section 188 IPC, even if conducted during Section 144 restrictions. 

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🔍 Key Takeaways

• Specificity Required: Courts have consistently held that orders under Section 144 must be specific and based on concrete evidence or reasoning. Blanket orders are generally disfavored.

• Protection of Fundamental Rights: The judiciary emphasizes the need to balance preventive measures with the protection of fundamental rights, such as the right to assemble and protest.

• Judicial Oversight: There is a clear trend of courts scrutinizing the use of Section 144 to prevent its misuse and ensure it is applied appropriately.