Applications To Hold Election Awareness Yatras Should Be Decided Within 3 Days: SC

In a Significant development the Supreme Court on Friday has directed the competent authorities to decide within three days the applications filed seeking permission for conducting ‘yatras’ or public meetings aimed at educating people on elections.

Such applications made to the competent authority should be decided within 3 days from the date of making the application, A bench of Justices BR Gavai and Sandeep Mehta, in its interim order, said

The top court has posted the matter for hearing after 2 weeks.

WHAT TOP COURT SAYS?

The top court was hearing a petition by social workers Aruna Roy and Nikhil Dey sought direction to restrain the indiscriminate practice of magistrates and State governments to pass “blanket orders” under section 144 of the CrPC to prohibit meetings, gatherings, processions or ‘dharnas’ ahead of every Lok Sabha or Assembly election and until the declaration of results.

Section 144 of the Code of Criminal Procedure (CrPC) deals with the power to issue orders in urgent cases of nuisance or apprehended danger.

“These blanket prohibitory orders directly prevent civil society and general public from freely discussing, participating, organising, or mobilising on issues affecting them ahead of elections,” the petition stated.

During the hearing, advocate Prashant Bhushan, who appeared for the petitioners, told the bench that in the last six months, blanket orders under section 144 of CrPC have been issued for the whole duration of elections, from the time of the election announcement by the Election Commission until the end of elections.

Such orders prohibit all kinds of assemblies, meetings and demonstrations during the duration of elections, Bhushan added.

The bench expressed surprise over blanket orders being issued to prohibit any assembly during the polls and asked, “How can such orders be passed.”

The petitioners contend that these blanket orders under Section 144, issued solely on the ground of the impending general elections, are “manifestly illegal and unconstitutional.