Section 144 of the Code of Criminal Procedure 1898 (CrPC) empowers the District Magistrate or any other executive magistrate to restrict certain acts in sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable in any place outside the metropolitan area in Bangladesh. Section 144 is usually imposed to abstain from a certain act or to take certain order with certain property in his possession or under his management, if the Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk or obstruction, annoyance or injury, to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, or an affray.
Why is section 144
necessary?
Section 144 is imposed in case of emergency or nuisance in a given area or in case of perceived danger of some event which may create an situation or cause loss of human life or property. In general, we can say that section 144 prohibits public assembly in a particular area from the period when section 144 is declared. In the past, Section 144 was used when there was a need to enforce certain restrictions to prevent the outbreak of protests or riots that could lead to disturbances in public life and property. However, The Executive Magistrate of the given jurisdiction is empowered to issue orders under Section 144 when such imminent emergency arises.
Provisions of Section
144:
Section 144 prohibits the possession or transportation of any weapon in the jurisdiction where Section 144 has been imposed. In case of violation of any order in this regard, those doing so may be arrested in any form. The public residing in that particular area will not be able to carry out any movement under the order issued under this section. All educational institutions in the given area should be closed. It is prohibited to hold any public meeting or assembly in the area while section 144 is in force. In areas where Section 144 is in force, it is a punishable offense to prevent law enforcement agencies from breaking up an unlawful assembly. Section 144 empowers the authorities to block anything (e.g., internet access) in the region in case of any emergency need. The ultimate objective of Section 144 is to maintain peace and order in areas where regular life is likely to be disrupted. Section 144 of CrPC prohibits the conduct of certain events which are generally permitted.
Duration of order in
section 144:
As per the rules specified for the implementation of Article 144, no order can remain in force for more than 2 months but the Government may keep it in force for more than 2 months if it thinks fit. Once the situation becomes normal, Section 144 levied can be withdrawn.
