Delhi Police seeks withdrawal of orders on Section 144

New Delhi, Aug 4 (IANS) A fresh row erupted on Thursday between Delhi Police and the AAP government in the national capital with the police terming an order of a Sub Divisional Magistrate to implement Section 144 outside Delhi Chief Minister Arvind Kejriwal's residence as "a violation" of Home Ministry's notification and calling for its withdrawal.

Lt. Governor Najeeb Jung also said that the order by the sub-divisional magistrate to ban protests outside Kejriwal's residence was invalid even as Delhi Police said it has written to SDM/Civil Lines asking for withdrawal of the notification as it amounts of interference in its working.

"The SDM has no authority to give such orders," Jung said.

Deputy Commissioner of Police Madhur Verma wrote to the SDM stating that duties of Executive Magistrate and District Magistrate under Section 144 CrPC in Delhi had been given to the Delhi Police Commissioner.

Section 144 of Criminal Procedure Code prevents assembly of more than five persons at a place and also prohibits holding of public meetings, processions, demonstration and dharna.

A release issued by Verma said the SDM's order "was in violation of notification of Ministry of Home Affairs (MHA) dated July 1, 1978".

"Therefore, a letter has been written to SDM to withdraw its Notification as it amounts to unnecessary interference in the working of Delhi Police and is beyond the domain of powers of SDM in Delhi," Verma added.

The SDM of Civil Lines issued an order on August 2, enforcing Section 144 at north Delhi's Flag Staff Road, Civil Lines and the neighbouring areas near the residence of Chief Minister Arvind Kejriwal.