In a significant development, the Supreme Court has instructed authorities to promptly decide on requests for holding voter awareness rallies amid prohibitory orders imposed under Section 144 of the Criminal Procedure Code. This decision comes in response to a petition filed by social activists Aruna Roy and Nikhil Dey, challenging the routine imposition of Section 144 by District Magistrates (DMs) ahead of elections.
The petition argued that the indiscriminate use of Section 144 hampers the conduct of free and fair elections and infringes upon citizens’ rights. Advocating on behalf of the petitioners, lawyer Prashant Bhushan emphasized that prohibitory orders should only be imposed when there is a genuine threat to public peace, rather than as a routine measure.
The Supreme Court bench, comprising Justices BR Gavai and Sandeep Mehta, issued a notice to the authorities to ensure that applications for organizing voter awareness rallies are decided within three days of submission. The interim order aims to facilitate the exercise of democratic rights by allowing timely decisions on rally permissions.
The petitioners highlighted instances where their requests for permission to hold rallies were met with no response from authorities, indicating a need for greater transparency and accountability in the decision-making process.
Furthermore, the plea argued that the repeated imposition of Section 144 during election periods is unwarranted and undermines the democratic process. It contends that such blanket prohibitory orders restrict public discourse and impede citizens’ participation in the electoral process.
The Supreme Court has scheduled a further hearing on the matter in two weeks’ time, signaling its commitment to addressing the concerns raised by the petitioners regarding the misuse of Section 144 and safeguarding citizens’ rights to participate in the electoral process without undue hindrance.
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