Today(on 19th April),Supreme Court mandates prompt review of voter awareness rally applications amidst widespread Section 144 imposition, addressing concerns raised by activist Aruna Roy.
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NEW DELHI: Today(on 19th April), the Supreme Court of India has intervened to ensure that applications for conducting voter awareness rallies are reviewed promptly, especially in light of the widespread imposition of Section 144.
This direction was issued following a petition by esteemed activist Aruna Roy, which highlighted the nationwide blanket orders of Section 144 that effectively stifled voter awareness efforts by prohibiting gatherings of four or more people.
The bench, comprising Justices BR Gavai and Sandeep Mehta, addressed the matter with a clear directive aimed at safeguarding democratic processes. The court’s intervention comes at a critical time when the enforcement of Section 144 across various parts of the country has raised concerns about its impact on democratic rights and the essential act of voter mobilization.
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Aruna Roy’s petition brought to light the challenges faced by individuals and groups seeking to organize rallies aimed at voter education. The plea, eloquently represented by advocate Prashant Bhushan, argued against the broad application of Section 144, which, while exempting marriage processions, prohibited public gatherings for educational or political purposes. Bhushan’s arguments drew attention to the paradoxical situation where efforts to enhance democratic engagement through ‘democracy yatras’ or rallies were hindered by the very laws meant to maintain public order.
“They claim it doesn’t apply to wedding processions. However, it also prohibits organizing processions or delivering speeches. We’ve sought permission for a democracy rally to empower voters, but our request has been denied.”
-Bhushan highlighted during the hearing.
Further emphasizing the urgency and significance of such rallies, Bhushan criticized the authorities’ inaction, noting that a decision on applications for rally permissions should be made speedy.
“A Section 144 order cannot be issued unless there’s a genuine fear of public disturbance. Yet, these orders are being imposed ahead of the elections, halting all rallies.”
– he remarked, pointing to the potential stifling of democratic engagement in the lead-up to elections.
Responding to these concerns, Justice Gavai issued an interim order that mandates the competent authorities to make a decision on any application for conducting election-related rallies within three days of submission.
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“The petitioner sought permission to hold rallies for educating people about elections. As an interim measure, we instruct that any application submitted to the appropriate authorities must be resolved within three days of its submission.”
-Justice Gavai stated.