The social activist – Joannes J T L Lamare has written to the Union Minister of Home Affairs & Cooperation – Amit Shah, demanding the revocation of Section 144 CrPC in Shillong, imposed by the East Khasi Hills District Administration to prevent ‘surprise rallies’.

In the letter, the social activist noted that the Supreme Court (SC) in its order on January 10, 2020, had made some points concerning the use of Section 144 of the Code of Criminal Procedure (CrPC), 1973.

Citing the order, Lamare said Section 144 can’t be imposed to suppress the legitimate expression of opinion or grievances or the exercise of democratic rights.

“The imposition of Section 144 must strike a balance between the rights of the individual and the concerns of the state, powers under Section 144 exercised in a reasonable and bona fide manner, and the order must state material facts to enable judicial review,” – the letter reads.

“Thus, from the above points issued by the SC, it is being observed that the democratic rights of citizens is curtailed, which is a violation of the Fundamental Right because it falls under the “reasonable restrictions” under Article 19 (2) of the Constitution of India,” Lamare wrote.

He urged the Home Ministry to take cognizance of the matter to ensure that the people of Meghalaya are not deprived of their democratic rights.

It is worth noting that the Office of East Khasi Hills District Magistrate – Isawanda Laloo, IAS on Monday, Section 144 has been imposed in Shillong.

“It aims to prevent any NGO/group or untoward elements from blatantly misusing such rallies/processions to indulge in criminal acts, thereby disrupting public order, and any such acts which cause severe inconvenience to the public at large,” – asserted the order.

However, the order does not apply to religious processions, which have obtained due permission and strictly adhere to given conditions.

The order prohibits the assembly of five or more people for any rally or procession within the limits of Shillong City, including the Shillong Urban Agglomeration area.

Any violation of the said order will attract penal provisions under Section 188 of the IPC, and any other as deemed fit and appropriate, the order said.