Rohit Kumar
Sri Vijaya Puram, 07 October 2024
In anticipation of a bandh scheduled for October 8, 2024, the District Magistrate of South Andaman, Arjun Sharma, IAS, has issued a preventive order to maintain public order and ensure the smooth functioning of essential services in the district. The order was prompted by concerns raised by various sources regarding potential disruptions during the bandh.
The order, numbered 1154 and issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, aims to prevent any public gatherings or assemblies that could disturb the normal functioning of daily life. The administration is committed to avoiding any activities that may lead to public disorder or inconvenience to the citizens of South Andaman.
In his order, District Magistrate Arjun Sharma cited a judgment from the Hon’ble Supreme Court of India in the case of *Bharat Kumar K. Palicha and Anr vs State of Kerala and Ors.*, which held that the calling and enforcement of bandhs by associations, organizations, or political parties is illegal and unconstitutional. The order reflects the need to uphold public safety and law, especially in light of concerns that assemblies during the protest could escalate into disruptions.
Key Prohibitions:
The order specifies that no gathering of more than five individuals will be permitted in key areas, including:
1. The stretch from Murugan Temple to Model School Junction/Fire Brigade Junction
2. The route from Murugan Temple to JNRM Junction
3. The stretch leading from Murugan Temple to VIP Road (Kamraj Salai)
Public assemblies, protests, or demonstrations that have the potential to obstruct public movement and movement of vehicles, disrupt essential services, or create disturbances are strictly prohibited unless prior written permission is obtained from the competent authority. The order has been passed ex-parte, meaning it is effective immediately and does not require individual notifications to those affected.
Enforcement and Public Awareness:
To ensure widespread awareness of the order, announcements will be made through publicity vans, and copies will be displayed at the offices of the District Magistrate, Sub-Divisional Magistrates, Executive Magistrates, and other prominent public locations. Order will also be published in newspapers for wide publicity. Additionally, the Superintendent of Police and other relevant authorities have been directed to enforce the order strictly and sensitise field personnel to remain vigilant.
Legal Consequences:
Non-compliance with the prohibitory order will result in legal action, including penalties under the BNSS 2023 and other applicable laws. The administration has warned that any disobedience will be met with strict legal consequences as per the provisions laid down by the Hon’ble Supreme Court.