In compliance with the directions passed by the High Court of Jammu and Kashmir in the writ petition filed by J&K High Court Bar Association Jammu, seeking quashment of prohibitory orders imposed under Section 144 Cr.P.C, the District Magistrate Jammu today withdrew the restrictions partly.
The restrictions were imposed by District Magistrate Jammu under Section 144 Cr.P.C within the municipal limits of all tehsils of Jammu.
The District Magistrate filed affidavit stating therein that by virtue of order No.63-DMJ of 2015 dated 12-08-2015, the earlier order dated 01-08-2015 is partially modified to the extent that restrictions on the assembly of people in the district are withdrawn with immediate effect.
The petitioner Association in the writ petition had submitted that the impugned prohibitory order is vindictive, illegal, unconstitutional and actuated with malafide exercise of power.
The sole aim of the prohibitory order is to defuse the momentum of the agitation which is receiving mammoth response from the public of Jammu Province, the petitioner Association submitted.
The District Magistrate Jammu issued the order impugned just to crush the popular movement for establishment of AIIMS in Jammu, was further submitted in the petition.
It is further averred in the writ petition that Section 144 Cr.P.C. deals with immediate prevention and speedy remedy and before invoking such a provision, the statutory authority must be satisfied regarding the existence of the circumstances showing the necessity of an immediate action.
AAG Vishal Sharma appearing for the State submitted that nothing remains in the petition as the grievances of the petitioner Association stand redressed.
Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing both the sides granted time to the petitioner Association to file response to the affidavit filed by the District Magistrate. JNF