HC sets aside prohibitory orders under CrPC Sec 144

Update: 2024-02-13 18:54 GMT

Kolkata: The Calcutta High Court on Tuesday set aside prohibitory orders under Section 144 of CrPC imposed at Sandeshkhali area in North 24-Parganas after the eruption of violence. On the same day, another single judge of the High Court took suo motu cognisance of allegations of sexual assault by women and transfer of tribal land at Sandeshkhali.

A petition was filed by two residents of Sandeshkhali seeking direction to lift the prohibitory orders in the area. The Internet was suspended and Section 144 of CrPC was imposed in the area on February 9. Justice Jay Sengupta set aside the promulgation of Section 144 of CrPC by the district administration. It was reportedly held that the manner in which it was imposed was not right. In another instance, Justice Apurba Sinha Ray took suo motu cognisance of the two allegations being made with regards to the Sandeshkhali incident. Citing newspaper articles and electronic media, the judge said, “...it has been reported that a good number of women have been sexually assaulted at gunpoint…there were reports on tribal lands taken away forcefully and in violation of all legal formalities and laws.”

Justice Ray further stated that the public prosecutor present in court submitted that “this court has the power under Article 226 of the Constitution of India to take suo motu cognizance of the relevant matters going on in Sandeshkhali area.” Jayanta Narayan Chattopadhyay was appointed as amicus curiae in the case. The judge further directed the registrar general of the high court to issue notice to state, senior police and administrative officials in the matter. 

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