Ahmedabad cops cite 2002, Patidar stir to defend move to impose Section 144

The affidavit was filed by Assistant Commissioner of Police, Special Branch, Ilesh Patel in response to a petition moved by five persons, who have questioned “perpetual repetition” of imposition of Section 144 by Ahmedabad city police “without adequate publicity” to prohibit peaceful public protests in the city while calling it violation of freedom of speech and expression.

The petitioners have sought a direction from the court to quash a notification issued by Ahmedabad Police Commissioner in December 2019 and any such notification issued further under the provisions of Section 144 of CrPC and relevant section of Gujarat Police Act prohibiting assembly of more than four persons in the entire city. They have cited such orders posted on the commissioner of police, Ahmedabad’s official website, since 2016. As per the website, the last such order under section 144 of CrPC and another under the GPA was issued on January 31.

The Ahmedabad Police cited incidents in Gujarat such as the 2002 riots (Express Archive)

The first order effective till March 31, directs dealers of bicycles, motorbikes and four-wheelers to sell vehicles only after verifying proof of identity and issuing bills along with full details of the vehicle sold. The order cites “intelligence inputs” on possible blasts at heritage and other sites in the city”. The orders under this section are re-issued from time to time, keeping in place a restriction continuously.

The second order forbids “shouting, loud singing, playing of musical instruments, mimicry, provocative speeches, showing of signs/symbols” and other such acts in public as violative and punishable. The order is valid till February 15.

During the Patidar agitation in 2015. (Express Archive)

Defending the continuous imposition of Section 144 (prohibiting unlawful assembly) in the city, ACP Patel has in his affidavit stated, “Ahmedabad city is the biggest city in Gujarat and it is very active politically as well as socially. Therefore, any incident not only in Ahmedabad, but also outside it… creates sensitive situation in Ahmedabad city. There are many incidents within Ahmedabad as well as outside… which has created situation, wherein there have been massive rallies, protests across the streets of Ahmedabad.”

The petition is slated for hearing before a single judge bench of Gujarat High Court on February 13.