Dear Gita,
If I recall correctly, Section 431(?) of the Indian
Penal Code makes it a cognisable offence punishable
with upto 5 years for any person knowingly blocking
public roads or rendering them less passable. This is
a Police matter plain and simple. It is well settled,
(numerous SC decisions) that Police is bound to
register criminal cases against anyone who knowingly
blocks public streets since it is a cognisable
offence.
Since making public roads less passable (or
impassable) is such a serious offence, how can it be
licenced? The licencors whoever they may be can be
prosecuted as conspirators (120B, 109 IPC etc), if the
licencors are Public Servants then perhaps section 409
IPC comes into play (life imprisonment).
Sarbajit.
--- Gita Dewan Verma <mpisgplanner@xxxxxxxxx> wrote:
>
>
> --- sarbajit roy <sroy1947@xxxxxxxxx> wrote:
>
> > Wrong end of stick, Police Commissioner can stop
> it
> > under Delhi Police Act if he chooses to. REALLY,
>
>
> ----
>
> As far as I know
>
> (a) Police normally cannot refuse force
> requisitioned
> by authorities. So it provided force to MCD to
> relocate kabaadi bazaar to Pushta and to close
> book-bazaar. (Both initiatives are unlawful in terms
> of Delhi Master Plan and violative of national
> policy
> co-authored by Delhi Police and after providing
> force
> for them to MCD, Police permitted NGO dharna against
> MCD. Our communications are primarily about this
> anomaly).
>
> (b) Police can stop under its Act street vending
> that
> interferes with movement. Those powers should not /
> arguably cannot be exercised, especially apropos
> weekly markets, without first exercising
> responsibilities for solutions under other statutory
> regimes. (This is central to our communications,
> intended also to counter any quick-fix requests for
> use of Police Act).
>
> As stated, MCD bullying was suspended and we have
> heard from Police. For the record, mpisg is not
> engaging on this from plannerly perspective, but
> from
> ambit of national policy (come about at instance of
> anti-planning types). Through 2001-2004 we have
> pointed out conflicts between the policy and
> statutory
> regimes and have succeeded in having a few of those
> ironed out, which gives us space to engage. By the
> way, the duly adopted policy still calls for
> amendments to the Police Act.
>
>
>
>
> ____________________________________________________
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> items.
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> mpisgmedia@xxxxxxxxxxxxxxxxx
>
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>
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If I recall correctly, Section 431(?) of the Indian
Penal Code makes it a cognisable offence punishable
with upto 5 years for any person knowingly blocking
public roads or rendering them less passable. This is
a Police matter plain and simple. It is well settled,
(numerous SC decisions) that Police is bound to
register criminal cases against anyone who knowingly
blocks public streets since it is a cognisable
offence.
Since making public roads less passable (or
impassable) is such a serious offence, how can it be
licenced? The licencors whoever they may be can be
prosecuted as conspirators (120B, 109 IPC etc), if the
licencors are Public Servants then perhaps section 409
IPC comes into play (life imprisonment).
Sarbajit.
--- Gita Dewan Verma <mpisgplanner@xxxxxxxxx> wrote:
>
>
> --- sarbajit roy <sroy1947@xxxxxxxxx> wrote:
>
> > Wrong end of stick, Police Commissioner can stop
> it
> > under Delhi Police Act if he chooses to. REALLY,
>
>
> ----
>
> As far as I know
>
> (a) Police normally cannot refuse force
> requisitioned
> by authorities. So it provided force to MCD to
> relocate kabaadi bazaar to Pushta and to close
> book-bazaar. (Both initiatives are unlawful in terms
> of Delhi Master Plan and violative of national
> policy
> co-authored by Delhi Police and after providing
> force
> for them to MCD, Police permitted NGO dharna against
> MCD. Our communications are primarily about this
> anomaly).
>
> (b) Police can stop under its Act street vending
> that
> interferes with movement. Those powers should not /
> arguably cannot be exercised, especially apropos
> weekly markets, without first exercising
> responsibilities for solutions under other statutory
> regimes. (This is central to our communications,
> intended also to counter any quick-fix requests for
> use of Police Act).
>
> As stated, MCD bullying was suspended and we have
> heard from Police. For the record, mpisg is not
> engaging on this from plannerly perspective, but
> from
> ambit of national policy (come about at instance of
> anti-planning types). Through 2001-2004 we have
> pointed out conflicts between the policy and
> statutory
> regimes and have succeeded in having a few of those
> ironed out, which gives us space to engage. By the
> way, the duly adopted policy still calls for
> amendments to the Police Act.
>
>
>
>
> ____________________________________________________
> Sell on Yahoo! Auctions ? no fees. Bid on great
> items.
> http://auctions.yahoo.com/
> _______________________________________________
> mpisgmedia mailing list
> mpisgmedia@xxxxxxxxxxxxxxxxx
>
http://mail.architexturez.net/mailman/listinfo/mpisgmedia
>
__________________________________________________
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com