Lakhimpur Kheri: What law says on protests and detention of political leaders

The political row brewing in Uttar Pradesh with senior leaders of opposition parties being stopped from entering Lakhimpur and being detained in other districts has thrown up critical legal questions about the handling of the situation by the administration.

Since violence broke out on Sunday that killed four farmers and four BJP workers, Uttar Pradesh’s Lakhimpur Kheri has been under lockdown, with Section 144 of the CrPC (prohibitory orders) in place.These orders have also been used to bar politicians from reaching UP or traveling to the violence-hit district.Congress leader Priyanka Gandhi Vadra, detained in nearby Sitapur, issued a statement on Tuesday evening alleging that she has been kept in “illegal detention for over 36 hours,” since she has not been given any document or notice regarding the reason for her detention.Through a press release, the UP Police said that she was detained under the provisions of Sections 151, 107 of the CrPC, which allow a police officer to preventively detain someone if there is an apprehension of a law and order situation or of breach of peace. The police also claimed that the Congress leader was going to “violate the Section 144 restrictions.”The political row brewing in Uttar Pradesh with senior leaders of opposition parties being stopped from entering Lakhimpur and being detained in other districts has thrown up critical legal questions about the handling of the situation by the administration.ALSO READ: Detained for last 28 hours without an order or FIR, says Priyanka Gandhi

While the powers under sections 144, 151 and 107 are necessarily wide, the question is whether they are being used legally.Section 144 can be imposed when there is an `actual' unlawful assembly as well as a `potential' unlawful assembly”, according to the interpretation given by the Supreme court in the suo motu case arising out of Delhi’s Ramlila Maidan incident of 2011. However, the apex court had noted that the restrictions need to be “reasonable” and there must be written orders giving reasons for the imposition of the prohibitory orders.Clause 3 of section 144 allows the Magistrate to pass such orders, and says that “An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.”This means that the restrictions need not be specifically against a particular number of people gathering in a place, and a general order restricting entry into a particular place or area can be passed. However, one crucial aspect of this provision is that the order, and the reasons for the restrictions, must be in writing.In fact, the apex court had in the 2020 Anuradha Basin case specifically said that the prohibitory orders under Section 144 must be published in public domain.ALSO READ: Deepender Hooda shares video of UP police manhandling him, asks 'is it a crime to sympathise with farmers'

“The Order must be served in the manner provided under Section 134, Cr.P.C., i.e., served on the person against whom it is made. If such a course of action is not practicable, it must be notified by proclamation and publication to convey the information to persons affected by the order. Only in case of an emergency or where the circumstances are such that notice cannot be served on such a person, can the order be passed ex parte” the court had noted.In the present scenario, the reasons and the period of the Section 144 orders have not been published anywhere till Tuesday evening. According to the information, Section 144 has not been imposed anywhere except in Lakhimpur.However, political leaders across parties have been stopped from entering the district, with some being detained in other districts.As for sections 151 and 107, they are preventive provisions, to ensure that a person who can potentially engage in breach of peace cannot do so.Section 151 specifically says that the preventive detention by the police officer cannot be for more than 24 hours, while section 107 allows a Magistrate to order the accused person to execute a bond promising that they will not engage in any action which can cause breach of peace. These provisions allow immediate bail, as the person detained is made to sign a bond assuring that they will not commit any act of breach of peace.ALSO READ: Lakhimpur violence: Opposition leaders trying to meet protesting farmers detained by UP Police