Madras High Court directs ECI to provide clarification over imposition of Section 144 in Puducherry 

CHENNAI:  Observing that every citizen in a free country can do anything lawful that he/she chooses to and even the slightest restriction on movement has to be justified, the Madras High Court in an urgent hearing on Sunday ordered the Election Commission of India (ECI) to issue a clarification order over imposing Section 144 of the CrPC. 

The court said that Section 144 issued by the Puducherry administration will not affect the usual life of citizens and directed the ECI to issue a clarification so that ordinary citizens do not remain under any fear over the next 48 hours and can go about their usual activities without any apprehension.

The first Bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy made the observations on a plea that sought the court to restrain the Section 144 orders imposed by the District Collector of Puducherry which restricts the movement of the public for the next two days due to the ensuing Assembly elections. 

The bench disposed of the plea after the ECI gave an undertaking that the prohibitory order does not apply to religious functions, marriages, funerals and the gathering of people inside polling booths for voting purpose. While the bench stressed that there can be no regimentation of citizens, it said that certain restrictions may be imposed for maintaining law and order.

Poll commission submits undertaking
The ECI gave an undertaking to the Madras High Court that the prohibitory order does not apply to religious functions, marriages, funerals and the gathering of people inside polling booths for voting purpose.