Questioning the imposition of prohibitory orders around India Gate under Section 144, the Delhi High Court on Tuesday asked the Delhi police to explain how the power to clamp such orders could be delegated to a special executive magistrate.
"Let the Delhi Police file a reply within two weeks as to how the power to impose prohibitory orders under Section 144 of the criminal procedure code even up to a continuous six months can be delegated to a special executive magistrate," a bench of Chief Justice D Murugesan and justice V K Jain said.
"We wish to look into the larger issue as it involves the fundamental right of the citizens. We are concerned with the application of mind before such orders are passed," said the bench.
The court was hearing a PIL filed by a lawyer Anand Mishra. The plea challenged the sudden prohibitory orders issued in New Delhi area on December 22 during the recent protests against the gang rape without a proper public notice.
These orders will remain in force till January 14.