Is Section 144 CrPC really serving its purpose?

Dibrugarh, Feb 19: It seems that the efficacy of Section 144 under CrPC is fast falling flat in the town with many entities as well as individuals breaching it on a regular basis. Several activities facing a blanket ban under the said section were seen being pursued with sheer nonchalance recently. The most recent violation came to light on Sunday when many students of AMCH, during a celebration, left their loudspeakers blaring well past midnight. Although Section 144, promulgated by the DC, restricts the use of loudspeakers after 10 pm, the students were found playing the loudspeakers till the wee hours. With total disregard to the law as well as the ongoing HSLC examitions, this act of transgression not only flouted a legal mandate but also proved to be a cause of serious digression for the students from their studies. All this was going on despite the Borbari Police Station being located at a stone’s throw from the site of jubilation.

Apart from this, many such offensive practices have been going on under the broad daylight

for the past many days. Acting dismissive of the repeated warnings of the district administration, these factions carry on their unlawful acts, and in a way, make a mockery of the authorities concerned. The illegal digging of silt from the floodplains of Brahmaputra, although prohibited under Section 144, is still going on with the same level of enthusiasm as before. Regardless of the occasiol reports underscoring the dangerous consequences of digging of silt on a large scale, little seems to have changed. 

The people living in many areas like Mahaghat, which are close to the embankment, have been left vulnerable to their selfish needs, yet the traders do not bat an eyelid. Another case of acute misconduct was observed during the recent strike of the Municipality employees. With the waste disposal mechanism coming to a halt due to the strike, many local traders and few NGOs were seen taking it upon themselves to rid the town of the heaps of garbage. While their intention was right, the mode of incineration that they chose was outlawed. Moreover, setting the dirt on fire may seem to solve the problem at hand, but it is far more detrimental to the environment in the long run.

The Section 144 under CrPC empowers the government to exercise temporary measures to maintain public order in pressing cases of nuisance or in anticipation of some impending danger. But, in light of the recent violations, one might get tempted to ask, “Is it really serving its purpose?”