Section 144 of CrPC empowers the District Magistrate or sub-divisional magistrate or any other Executive Magistrate to issue an order on behalf of the State government

for an individual or the general public in a particular place or area “to abstain from a certain act” or “to take certain order with respect to certain property in his possession or under his management”.

The order under Section 144 of CrPC can be passed only “if such Magistrate considers”, that the direction is likely to prevent

  • Obstruction, annoyance or injury to any person lawfully employed
  • Danger to human life, health or safety
  • Disturbance of the public tranquility or a riot or affray.

After imposing Section 144 in any area, then no one is allowed to carry any kind of weapons in pubic places except Police or other security personnel. Violation of section 144 is liable for punishment upto three years.

It will restrict the personal liberty of the people and it is violative  of Article 19 of the constitution. To impose section 144, it should pass the test of Reasonable restrictions as per Article 19. And for the same, Supreme Court(SC) has developed the “test of proportionality”.

In Puttaswamy case – 2017, the SC laid down a four fold test to determine proportionality:

  1. A measure restricting a right must have a legitimate goal (legitimate goal stage).
  2. It must be a suitable means of furthering this goal (suitability or rationale connection stage).
  3. There must not be any less restrictive but equally effective alternative (necessity stage).
  4. The measure must not have a disproportionate impact on the right holder (balancing stage).

Restrictions of section 144 is not a curfew. When curfew is imposed in an area, all kinds of public activity is banned.

Suspending telecommunication services can be done through Temporary suspension of Telecom services (Public Emergency or Public safety) Rules, 2017. It can be done in the “interests of the sovereignty and integrity of India”. The order for the same can be passed by Home Affairs Secretary to the Government of India or state as the case may be.