This chapter discusses maintenance of public order and tranquility. It covers unlawful assemblies, public nuisances, and disputes regarding immovable property. For unlawful assemblies, an executive magistrate or police officer can disperse assemblies of 5 or more people if they pose a disturbance or fail to disperse. Armed forces may also be used to disperse assemblies. For public nuisances, magistrates can issue conditional removal orders for obstructions or nuisances if notified by police or others, and failure to comply can result in punishment. Disputes regarding property rights may require inquiry.
This chapter discusses maintenance of public order and tranquility. It covers unlawful assemblies, public nuisances, and disputes regarding immovable property. For unlawful assemblies, an executive magistrate or police officer can disperse assemblies of 5 or more people if they pose a disturbance or fail to disperse. Armed forces may also be used to disperse assemblies. For public nuisances, magistrates can issue conditional removal orders for obstructions or nuisances if notified by police or others, and failure to comply can result in punishment. Disputes regarding property rights may require inquiry.
This chapter discusses maintenance of public order and tranquility. It covers unlawful assemblies, public nuisances, and disputes regarding immovable property. For unlawful assemblies, an executive magistrate or police officer can disperse assemblies of 5 or more people if they pose a disturbance or fail to disperse. Armed forces may also be used to disperse assemblies. For public nuisances, magistrates can issue conditional removal orders for obstructions or nuisances if notified by police or others, and failure to comply can result in punishment. Disputes regarding property rights may require inquiry.
This chapter discusses maintenance of public order and tranquility. It covers unlawful assemblies, public nuisances, and disputes regarding immovable property. For unlawful assemblies, an executive magistrate or police officer can disperse assemblies of 5 or more people if they pose a disturbance or fail to disperse. Armed forces may also be used to disperse assemblies. For public nuisances, magistrates can issue conditional removal orders for obstructions or nuisances if notified by police or others, and failure to comply can result in punishment. Disputes regarding property rights may require inquiry.
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Chapter X
Maintenance of Public Order &
Tranquility SS. 129-148 Copyright- Dr. P. K. Shukla The following subject matters are included in this chapter. a) Unlawful Assembly ( SS. 129-132) b) Public Nuisances ( SS. 133- 143) c) Temporary orders in Urgent cases of nuisance or apprehended dangers ( SS. 144-144A) d) Disputes as to immovable property ( SS. 145-148) A. Unlawful Assemblies. Sec. 129 Dispersal of assembly by use of civil force Any executive Magistrate or OIC of a police station may use force for dispersing unlawful assembly if he is satisfied that; a) The assembly of five or more persons is likely to cause disturbance of peace. b) The assembly needs to be dispersed, and c) It has not dispersed despite such order having been passed & warning given. For the purposes, an assembly likely to cause disturbance of public peace is an unlawful assembly. Sec 130 Use of armed forces to disperse assembly.
Finding that the unlawful assembly cannot be otherwise
dispersed, the executive Magistrate of the highest rank present on the spot may order it to be dispersed by use of armed forces but in doing so, little force is used doing little injury to person and property consistent with dispersing assembly & arresting & detaining such persons. Sec. 131 Power of Certain armed force officers to disperse assembly.
In case public security is manifestly endangered & no magistrate
is present, any commissioned or gazetted officer of the Armed Forces may disperse the assembly with the help of force under his command, and may arrest or confine any member of such assembly. However the commissioned or gazetted officer has to communicate with the executive Magistrate as soon as practicable and act under his instructions thereafter. Sec. 132 Protection against prosecution for acts done under preceding section. • This section provides protection against prosecution and trial for any act purported to be done U/SS. 129, 130 or 131. without the sanction of the State or the Central Govt. • Any executive Magistrate, police officer, officers or members of the armed forces acting bona fide U/S 129, 130 or 131 shall not be deemed to have committed any offence. B. Public nuisances ( SS.133-143) Sec. 133 Conditional order for removal of nuisance The District Magistrate or the executive Magistrate are vested with extraordinary powers exercisable under extraordinary circumstances e.g. physical obstruction or nuisance capable of being removed. The power may be exercised on receipt of a police report or on information received from any other source. The magistrate before passing an order for removal of nuisance, should hear the person against whom order is made and if he contest the existence of any public right, it should be investigated & inquired into. Orders passed under this section are temporary and co- ferminus with judgement or decree of Civil Court. No sooner the civil court declares the right, the temporary orders u/s. 133 come to an end forth with. The term public place is not defined u/s. 133 however it means a place to which public have access by right, permission, usage or otherwise. Sec. 134 Service or notification of order. The order u/s. 133 shall be served on the person against whom made by summons or be notified by proclamation published according to rules of the State govt and a copy there of shall be stuck up at fettest place for conveying the information to such person. Sec. 135 Person to whom order is addressed to obey or show cause. There are two options to a person against whom an order is made u/s. 133. He may either choose to carry out the order and perform within the time and the manner specified in the order, the act directed there in or may appear and show cause against the order & adduce evidence to support his contention. Sec. 136 Consequences of his failing to do so. If the person neither performs the act nor appears & shows cause against the order, he shall be punished u/s. 188 I.P.C. and the order shall be made absolute. The stringent penalty as above is intended to create conditional order passed u/s. 133 becoming final without unnecessary delay with a view to ensuring public safety. Sec. 137 Procedure where existence of public right is denied. • In case public right is denied w.r.t an order passed u/s. 133 the magistrate has to make an enquiry to ensure existence of reliable evidence to support denial. • In case magistrate finds no reliable evidence he has to proceed u/s. 138 of the court. • In case magistrate finds reliable evidence to support denial he has to stay the proceedings pending decision of a competent court w.r.t existence of such right. to be continued……
