Madhya Pradesh high court strikes down Section 144 on campuses Manjari Mishra, TNN | Aug 15, 2013, 06.27 AM IST ABVP ups the ante over Section 144 in varsitiesCampuses in election modeCovered campuses unsafe in cityCloud campuses: Tharoor says infrastructure a problemStudents flee Osmania University, Eflu campuses fearing arrests JABALPUR: The Madhya Pradesh high court on Wednesday struck down the controversial state government order which clamped prohibitory orders on college and university campuses across the state. The order had triggered outrage and was termed draconian by students. The high court said that Section 144 needed to be used very sparingly only under extreme situations where there was a strong likelihood of an imminent threat. The state government has failed to prove the danger or exigency, the judge said. On May 28, additional secretary higher education had issued directions to all district magistrates to clamp Section 144 on campuses to provide students with a congenial atmosphere and prevent entry and congregation of unruly elements. Petitioners Dashratha Lodhi and others moved court, calling the order "immature and a barbaric exercise of administrative authority". They pleaded that Section 144 was an important tool to maintain law and order and the provision can only be exercised in an emergency situation. Contending that "a blanket ban is in contravention of fundamental constitutional rights", counsel Sidharth Seth argued the government order led to a reign of terror on the campus. "Students, even girls are being harassed by police. The student community is being treated like criminals," he argued. Quoting the Supreme Court judgment in the Delhi Ramlila Maidan case, the counsel said the apex court had emphasized that Section 144 was only a speedy remedy for immediate prevention. The petitioners also challenged the authority of an additional secretary to dictate terms to a district magistrate who is a quasi-judicial authority. "Section 144 requires the assent of the DM. He needs to evaluate, assess and judge the emergency of the situation before clamping prohibitory orders. An unrestricted order without time-frame issued by an administrative officer is illegal and untenable, he pleaded.
Posted on: Thu, 15 Aug 2013 15:35:09 +0000