VALIDITY OF INTERNET SHUTDOWNS IN THE LIGHT OF SECTION 144 OF THE CODE OF CRIMINAL PROCEDURE, 1973

Abstract

The paper attempts to delve into the intricacies of Section 144 of The Code of Criminal Procedure, 1973. The code confers wide powers at the hands of the Executive Magistrate to deal with emergency situations, and one such provision which confers such powers is Section 144 of The Code of Criminal Procedure, 1973, which deals with the power of the Magistrate to impose limitations on the personal liberties of an individual. The main intention behind enacting the aforesaid section was to avoid possibilities of unrest, danger to human life, disturbance of the public peace and tranquility, or riot etc. Orders can be given by the specified classes of Magistrates under the abovementioned section to deal with urgent cases of nuisance and apprehended danger, if they are satisfied that immediate prevention and speedy trial is the need of the hour. The said section, which is also seen by many as a “prohibitory order”, had an ancient but controversial history. The said section was first included in the Code in 1861 and the same was used a lot of times during the colonial rule to repress the nationalist voice. The section has been used to subvert many famous nationalist agitations carried out by pioneers such as Jawaharlal Nehru, Mahatma Gandhi etc.

Over the years, the section hasn’t changed a lot, and the same has not just survived but it has thrived. The major debate regarding section 144 mostly revolved around the issue of unlawful assembly. In other words, protests are banned in areas where the section is applied. The section does not expressly talk about protests and demonstrations, but the word “riot” does find a place in the aforesaid section. The section has received criticism from all the corners of the society due to the general nature of it, thereby conferring wide powers to the magistrates.