Blanket, district wide bans on public protests violate fundamental rights: Kishtwar court

The Sessions Court in Kishtwar, Jammu on Tuesday stayed an order passed by the District Magistrate (DM) to curb ongoing public demonstrations and protests demanding free electricity in the district [Waseem Akram Butt V/s District Magistrate Kishtwar]..Principal Sessions Judge Manjeet Singh Manhas observed that a blanket, district-wide ban smacks of an imperialist attitude and violates the fundamental freedoms of citizens. The DM may impose restrictions on public movement to prevent a larger mischief, the court clarified. But such reasons have to be specified in the DM's order. The power to restrict public movement cannot be used on flimsy grounds, the court said. "... a blanket ban in the whole District impeaches upon the basic fundamental freedom of the citizens and smacks imperialistic attitude and could not stand the test of reason," the Court's February 11 order added. .The DM had passed the order in question under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) on February 10, in the wake of rising public protests and demonstrations by people who are demanding the provision of free electricity in the town of Kishtwar.According to reports, people have registered strong objections to steep electricity tariffs and power cuts, despite Kishtwar serving as the ground for several hydroelectric projects that generate thousands of megawatts for electricity distribution throughout the country. As public protests surged, the DM of Kishtwar Rajesh Kumar Shavan passed an order under Section 163 (power to issue order directing persons to abstain from doing certain acts in urgent cases of nuisance or apprehended danger) of the BNSS on Monday (February 10),.This was challenged before the Kishtwar court by way of a revision petition.The petitioner's counsel, advocate Safder Ali Shoket argued that the DM's order was passed in a mechanical and perfunctory manner, and deserves to be set aside.He added that the power under Section 163 of the BNSS cannot be used to suppress the legitimate expression of opinions, grievances, or the exercise of democratic rights, as in the present case which involves demands for free electricity from the government..After considering these submissions, the court stayed the DM's order until February 18 (Tuesday), when the matter will be heard next. The court also asked the DM's office to submit relevant records, so that the court may examine if the apprehensions raised by the petitioner were correct. "For drawing satisfaction to the given facts and circumstances, let the record be called from the office of the District Magistrate Kishtwar for perusal and in the meantime the impugned order dated 10.02.2025 is kept in abeyance till next date of hearing. Put up on 18.02.2025," the court's order said. .[Read Order]