By: Bhat Yasir
The Sessions Court in Kishtwar, Jammu, has stayed an order passed by the District Magistrate (DM) that restricted public protests and demonstrations demanding free electricity in the district.
The court observed that a blanket ban on public gatherings violates the fundamental freedoms of citizens and smacks of an imperialist attitude ¹.
According to the court, the DM may impose restrictions on public movement, but only to prevent larger mischief and with specified reasons in the order. The power to restrict public movement cannot be used on flimsy grounds.
Background of the Case
The DM had passed the order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) on February 10, in response to rising public protests and demonstrations demanding free electricity in Kishtwar.
The protesters are objecting to steep electricity tariffs and power cuts, despite Kishtwar being home to several hydroelectric projects that generate thousands of megawatts for electricity distribution throughout the country.
Court’s Decision
The court stayed the DM’s order until February 18, when the matter will be heard next. The court also asked the DM’s office to submit relevant records for examination.
The petitioner’s counsel, advocate Safder Ali Shoket, argued that the DM’s order was passed mechanically and deserves to be set aside, as it suppresses the legitimate expression of opinions and democratic rights.