Jung warns of action against SDM for issuing prohibitory orders

Delhi LG Najeeb Jung on Thursday termed as “illegal” the order of SDM banning public meetings and protest near the Chief Minister’s residence and said strict action would be taken against him for violating the law.

He said that only officers of DCP rank and above can issue order under Section 144 of CrPC under the Police Act.

Sub Divisional Magistrate (SDM) B K Jha on Wednesday issued an order under Section 144 of the CrPC, restricting demonstrations, making of speech by any political party for 30 days outside Chief Minister Arvind Kejriwal’s residence on Flag Staff Road in North Delhi’s Civil Line area.

“The order is illegal because under police commissioner system, the SDM cannot issue an order under Section 144 of CrPC. We will pull up the magistrate. “He is liable for action for violating the law,” Jung said.

“If LG is sitting in his office, he imposes Section 144. Tell me can I do it? Despite the fact that the police commissioner reports to me, I cannot impose Section 144 in a particular area. Under Police Act, a Deputy Commissioner of Police can do it,” the LG further said.

In view of “serious and law and order problems”, Jha, a DANICS officer, had imposed ban on public meetings, dharnas, slogans near the CM’s residence.

“It has been reported that various political parties and pressure groups may hold protests, demonstrations, dharnas, processions etc on political and others issues in front, near or around the residence of the chief minister, GNCTD (Government of National Capital Territory of Delhi), which may create serious law & order problems...,” the SDM said.