The Delhi high court on Tuesday issued notice to Delhi Police on a plea challenging the imposition of restrictions on the gathering of people at and around India Gate during anti-rape protests.
A division bench of Chief Justice D Murugesan and Justice VK Jain sought a response from police within two weeks and posted the matter for February 6.
"How can special executive magistrate extend the period to impose Section 144 of CrPC when the power lies only with the state government to extend the period," the bench observed.
"Whether this section can be imposed without applying the mind, we have to look into that," the bench said.
The court was hearing a public interest litigation by advocate Anand K Mishra challenging the decision to impose Section 144 of Criminal Procedure Code (CrPC) prohibiting assembly of five or more people at and around India Gate.
The plea said there were "unreasonable restrictions" on peaceful assembly and movement of public.