The Madras High Court has set aside an order of the Puducherry District Collector and District Magistrate, prohibiting a person, said to be a criminal, from entering the Union Territory for two months, under Section 144 of the Code of Criminal Procedure.
“The prohibitory order has been passed merely on the opinion of the District Magistrate, which is cemented only on presumptions, surmises and conjectures and there is no proof of positive material to satisfy the subjective conscience of this court to justify the same,” Justice M Venugopal said.
The judge was allowing a criminal revision petition from Laloo alias Lemon Anandaraj challenging the prohibitory order dated March 31 this year.
The petitioner contended that the magistrate had passed the order without application of mind. “It does not spell out any emergency situation to justify the ex-parte order passed without serving any notice or opportunity of hearing. It has been passed in view of assembly elections,” he added.
Allowing the petition, Justice Venugopal said “the law does not permit pressing into service of Sec. 144 CrPC for any political or extraneous consideration.”
“It should never be passed on the mere opinion of the officials or individuals who may be entertaining such prejudices and it should not be done without affording an opportunity to the affected person,” the judge added.
( Source – PTI )
