HC-NIC
C/WPPIL/191/2015
ORDER
10. On the aspect of sufficiency of material to exercise power under
Section 144 of the Code, it is hardly required to be stated that
this Court would not be exercising the appellate power. But the
Court may examine if the power is exercised in arbitrary
manner or there is perverse exercise of the power without
there being any material whatsoever. The material produced on
behalf of the respondent-State and the competent authority,
even if considered at the first glance, would go to show that
they were germane to exercise of the power and hence, it could
not be stated that the objective materials were not at all
considered. Further, once the objective material is considered,
this Court would not go into the sufficiency of the material, but
at the same time, on objective materials being considered
together, if leads the authority to exercise the power with
prudence coupled with the public duty, the same, in our view,
should be sufficient. Be it noted that during the relevant period,
the disturbances went on throughout the State and there were
serious disturbances of law and order. Rioting had taken place
at various places and the State would be zealous to control the
same by applying all modes available in law. We do not want
to express any further on the said aspect but leave it at that by
observing that it cannot be said that the powers were exercised
in arbitrary manner nor it can be said that there was perverse
exercise of the power without there being any objective
material. Hence the said contention fails.
Page 10 of 15
Page 10 of 15
Created On Thu Sep 17 08:11:45 IST 2015