DCs allowed to ban rallies in Punjab districts for up to 30 days

LAHORE: The Punjab government has once again empowered deputy commissioners to impose a ban for up to 30 days on gatherings, rallies as well as pillion riding in their respective districts to maintain law and order.

The home secretary has now been empowered to im­p­ose Section 144 in any district or across the province for up to 90 days, while in case of a serious law and order situation, the power to impose the ban for more than 90 days rests with the Punjab cabinet.

The gazette notification was issued for the amendment to Section 144 of the Code of Criminal Proce­d­ure, 1898 (Punjab Amen­d­ment), after its approval by the provincial assembly.

The move has devolved the authority as the deputy commissioners in case of law and order situation previously looked towards the home secretary for notifying a ban on protests, assemblies, rallies, sit-ins and pillion riding.

The deputy commissioners had this authority until two decades ago when President Pervez Musha­rraf introduced local government system. Subsequ­ently, the power was transferred to district nazims.

During the Musharraf regime, sub-sections (1), (4), and (5) of the CrPC were amended to transfer the power to impose Section 144 from DCs to the district nazims.

The amendment allowed district nazims/administrators to impose Section 144 on the recommendations of the district police officer and executive district officer (DCs).

Later when district nazims’ position was abolished, the title of deputy commissioner was restored.

However, while amending the CrPC, the word ‘deputy commissioner’ was not written in place of ‘district nazim’, due to which the DCs legally remained unable to impose Section 144 on their own.

Since then the DCs as head of district intelligence committees refe­rred committees’ recommendations to the Punjab home secretary for imposition of Section 144 in their respective district.

With the latest amendment, the DCs have now regained the power to impose Section 144 in their respective districts for up to 30 days to maintain law and order.

Published in Dawn, October 22nd, 2024