Do you intend to extend gag on public, HC asks Mumbai Police

The Bombay high court on Tuesday sought to know if the Mumbai police intended to extend the “gag order” - order issued on May 23 under section 144 of the Criminal

The Bombay high court on Tuesday sought to know if the Mumbai police intended to extend the “gag order” - order issued on May 23 under section 144 of the Criminal Procedure Code that made criticising the government and its functioning a punishable offence.

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The court was hearing a petition filed by Navi Mumbai resident and journalist Rajeev Mishra, through advocate DP Singh, challenging the May 23 order on the ground that it was violative of the freedom of speech and expression.

Prohibitory orders under section 144 are being issued right from the beginning of the nationwide lockdown given the coronavirus pandemic and are being renewed from time to time. Mishra has complained that the section 144 order issued on May 23 not only prohibited dissemination of fake news, incorrect information and other objectionable content on various social media platforms but also specifically stated that legal action will be taken against those criticising the state and its functioning in the times of COVID-19.

Amongst other directives, the order prohibits any person from inciting mistrust towards government functionaries and their actions taken to

prevent the spread of the Covid-19 and thereby causing danger to human health or safety or a disturbance to the public tranquillity and specifically stared that any person contravening this prohibitory order will be prosecuted under Section 188 of the Indian Penal Code, the petition added.

According to Mishra’s counsel, advocate Amogh Singh, this gag on public speaking against the state government’s functioning was completely in breach of freedom of speech and expression guaranteed by the Constitution and therefore liable to be struck down.

However, when the petition came up for hearing on Tuesday, assistant public prosecutor Madhavi Mhatre pointed out that the order under challenge has expired on June 8, and the petition had become infructuous.

The bench of justice Ujjal Bhuyan and justice Riyaz Chagla sought to know if the police authorities intended to extend the gag by extending the order dated May 23 or by issuing similar order. The bench adjourned the petition till June 23 after the prosecutor sought time to answer the query.