Najeeb Jung warns SDM over Kejriwal home order

A day after a sub-divisional magistrate banned any public meetings and protests near chief minister Arvind Kejriwal’s residence, Delhi lieutenant-governor Najeeb Jung termed the order illegal on Thursday and said strict action would be taken against him for violating the law.

Only officers of DCP rank and above can issue this order under Section 144 of CrPC under the Police Act. A sub-divisional magistrate has no powers to impose this section, Mr Jung said.

The Delhi police asked the sub-divisional magistrate (Civil Lines) to withdraw the notification that demonstrations and protests near the chief minister’s 4, Flagstaff Road residence were banned for one month, pointing out that it was an “unnecessary interference” in the working of the city police.

Section 144 of CrPC is never imposed at the Prime Minister’s 7 Race Course Road residence and Congress president Sonia Gandhi’s residence at 10, Janpath.

The section is imposed only by the Delhi police. in case of need.

The notification issued by sub-divisional magistrate (Civil Lines) on August 2, prohibiting holding of public meetings and demonstrations at Flagstaff Road, is in “violation of the ministry of home affairs, dated July 1, 1978, according to which powers and duties of executive magistrate and district magistrate under Section 144 CrPC within Delhi are given to the commissioner of Delhi police,” said DCP (north) Madhur Verma.

“A letter has been written to SDM Civil Lines to withdraw the notification as it amounts to unnecessary interference in the working of the Delhi police and is beyond the domain of powers of sub-divisional magistrates in Delhi,” the officer whose north Delhi police district covers the chief minister’s residence.

Sub-divisional magistrate (Civil Lines) B.K. Jha had on Wednesday imposed a ban on public meetings, protests and shouting of slogans near the official residence of Mr Kejriwal for next 30 days, in view of “serious and law and order problems.”

The order was issued by the sub-divisional magistrate under Section 144 of CrPC, restricting demonstrations, making of speeches by any political parties outside Mr Kejriwal’s residence in Civil Lines.

The order banned public meetings, assembly of five or more persons or processions, demonstrations and protests at Flagstaff Road, Civil Lines, and the neighbouring areas, including IP College, and other areas near the residence of the chief minister, for 30 days.