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Tripura High Court issues notice on PIL challenging ban on political rallies in parts of Agartala

Counsel for the Petitioner submitted that the impugned order is passed without proper application of mind, without sufficient material available with the authority to form a belief that the situation is so emergent that such a blanket prohibition should be imposed for two weeks, thereby suspending all political activities in the area.

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The Tripura High Court has issued notice on a PIL, challenging the order passed by the District Magistrate of West Tripura, prohibiting any kind of meeting/procession/public gathering by any political party in Sadar Police Sub-Division.

The Division Bench of Chief Justice Akil Kureshi and Justice S.G. Chattopadhyay passed the order on a PIL challenging the September 20 order of the District Magistrate, West Tripura, prohibiting any kind of meeting/procession/public gathering by any political party in Sadar Police Sub-Division (East Agartala and West Agartala Police Station areas), from 6:00 a.m. on September 21 to the midnight of November 4, in exercise of powers under Section 144 of CrPC.

The Counsel for the petitioner submitted that the order was passed without proper application of mind, without sufficient material available with the authority to form a belief that the situation is so emergent that such a blanket prohibition should be imposed for two weeks, thereby suspending all political activities in the area.

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He further submitted that the authority has not considered the choice of least invasive restriction. Advocate General S.S. Dey opposed the petition on the ground of its maintainability at this stage.

“We would like to examine the issues, for which purpose let there be a notice, returnable for October 5,” the order read.

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