television and radio channels are functioning, including
from Srinagar, where the Petitioner in W.P. (C) No. 1031 of
2019 is situated. The learned Solicitor General further
indicated that the Government had taken certain measures
to ensure that essential facilities would be available to the
populace.
The learned Solicitor General submitted that orders passed
under Section 144, Cr.P.C. can be preventive in nature, in
order to prevent danger to public safety. The Magistrate can
pass the order even on the basis of personal knowledge, and
the same is supposed to be a speedy mechanism. The
orders passed must be considered keeping in mind the
history and the background of the State.
Relying on Babulal Parate v. State of Bombay, AIR 1960
SC 51, and Madhu Limaye v. Sub-Divisional Magistrate,
Monghgyr, (1970) 3 SCC 746, the learned Solicitor General
submitted that the situation in the State of Jammu and
Kashmir was such that the orders could be justified in view
of maintenance of the “security of the State”. Regarding the
Petitioners’ submission that the restrictions could have
been imposed on specific individuals, the learned Solicitor
General submitted that it was impossible to segregate, and
control, the troublemakers from the ordinary citizens.
The learned Solicitor General submitted that there were
enough facts in the knowledge of the Magistrate to pass the
orders under Section 144, Cr.P.C. There was sufficient
speculation on the ground to suggest that there might be a
move to abrogate Article 370 of the Constitution, and they
were aware of the situation on the ground. Provocative
speeches and messages were being transmitted. This
information is all available in the public domain.
It was further submitted that the Court does not sit in
appeal of the decision to impose restrictions under Section
144, Cr.P.C. and has limited jurisdiction to interfere,
particularly when there are no allegations of mala fide made
against the officers and when the question involved is of
national security. The level of restriction required is best left
to the officers who are on the ground with the requisite
information and knowledge, and the same is not to be
replaced by the opinion of the Courts.
17
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