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

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