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CJP march to Parliament: Why police nod is needed for a public protest in India. (See the linked source for details.)
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Mains Practice Question
Critically examine the necessity of police permission for public processions and assemblies, especially in situations where they may cause obstruction to traffic or create public nuisance.
250 words
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Which ministry is responsible for maintaining law and order in the country?
The Ministry of Home Affairs is the nodal ministry for law and order, overseeing the maintenance of public peace and security across the country.
Section 144 of which code allows a magistrate to prohibit assembly of five or more people in a public place?
Section 144 of the Criminal Procedure Code allows a magistrate to prohibit assembly of five or more people in a public place, giving them powers to regulate public gatherings.
Consider the following statements regarding Police Permission for Public Processions: 1. The Ministry of Defence is responsible for regulating public processions. 2. Section 144 of the Criminal Procedure Code allows a magistrate to prohibit assembly of five or more people in a public place. 3. Prior police permission is not required for peaceful public processions. How many of the above statements are correct?
Statement-1 is incorrect because the Ministry of Home Affairs is responsible for maintaining law and order in the country. Statement-2 is correct because Section 144 of the Criminal Procedure Code allows a magistrate to prohibit assembly of five or more people in a public place. Statement-3 is incorrect because according to a 2019 Supreme Court judgment, police permission is required for any assembly or procession that may cause obstruction to traffic or create public nuisance.
Consider the following two statements: Statement-I: Police permission is necessary for public processions. Statement-II: This is because the Ministry of Home Affairs has issued guidelines for organizing public processions and assemblies, which include obtaining prior police permission. Which one of the following is correct in respect of the above statements?
Statement-1 is correct because according to the fact list, the Supreme Court has held that police permission is necessary for public processions. Statement-2 explains why Statement-1 is true by citing the Ministry of Home Affairs' guidelines.