HC-NIC
C/WPPIL/191/2015
ORDER
What will be the situation in future and what will be the degree
of the disturbance of the law and order or what will be the
quantum and number of rioting etc. in a given situation cannot
be visualized on the ground as stated by the learned counsel
for the petitioner. At this stage, all these questions can only be
said to be in the field of hypothesis and surmises. We do not
see that the basis or the demonstration of reasonable
apprehension as sought to be canvassed is sufficient at this
stage for us to intervene even before the power is exercised.
We only find it appropriate to observe that the competent
authority will only exercise power within the limits of law on the
basis of the objective material and shall not exercise power in
arbitrary manner or in perverse manner without there being
any appropriate objective material.
14. Learned counsel for the petitioner relied on decision in
Maneka Gandhi Vs Union of India [AIR 1978 SC 597] to
submit that the Apex Court held in that case that violation of
fundamental right under Article 19(1)(a) of the Constitution
could also travel
into
the
realm of
violation
of other
fundamental rights like Articles 21 and 14 and that principle of
trinity vis-a-vis enforcement of all the three fundamental rights
was propounded by the Court. In respect of the contention that
powers under Section 144 of the Code could not have been
resorted to, the reliance was made upon the decision of
Bombay High Court In re Ardeshir Phirozshaw Murzban
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Created On Thu Sep 17 08:11:45 IST 2015