Centre to consider amendment of law dealing with prohibitory orders
New Delhi: The Delhi High Court on Wednesday said PILs seeking quashing of various sections of Delhi Police Act, including those empowering an officer of the rank of ACP to impose prohibitory order, will be treated as representation to the Centre for making amendments to the legislation.
A bench of Chief Justice N V Ramana and Justice Manmohan disposed of the petitions after the Centre said it will be amending the Delhi Police Act.
The petitions has been filed by advocate A K Biwas who had challenged various provisions of the Act under which Delhi police officials have been given powers to prohibit unlawful assembly in their respective areas, arrest people for petty offences and investigate non-cognizable offences without a magisterial order.
In one of his petitions, Biswas had challenged validity of section 70 of the Delhi police Act alleging that under the provision, police officials up to the rank of Assistant Commissioner of Police (ACP) have been granted powers of executive magistrate, which are in fact judicial powers, and such officers have been prohibiting unlawful assembly under Section 144 of CrPC for their own area which makes them "judge of their own case".
Biswas had also contended that most of the offences under the Delhi Police Act are non-cognizable, but they are being investigated illegally by police, without an order from a magistrate by filing `kalandras` (receipts) in courts.
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