Dashrat Lodhi and Another vs State of M.P. and Others

Petitioners have sought following reliefs:-

(i) This Hon''ble Court may be pleased to issue a writ of certiorari for quashing the impugned order, dated 28.5.2013 (Annexure P/1) passed by respondent no. 2 as also the orders passed by District Collectors/Magistrates (Annexure P/2) and others imposing Sec. 144 of Cr.P.C. in academic institutions including colleges and universities throughout the State of Madhya Pradesh;

(ii) This Hon''ble Court may be pleased to issue a writ of mandamus directing the respondents to frame guidelines and norms for creating a better and healthy academic environment for students and for also ensuring their safety;

(iii) This Hon''ble Court may be pleased to issue a writ of prohibition directing the respondents not to harass the students and teachers in the academic institutions;

(iv) To direct the State Government to produce all relevant documents and schemes related to the issue involved in the instant writ petition.

(v) Any other order which this Hon. Court may deem fit and proper in the facts and circumstances of this case may kindly be passed.

The case of the petitioners is that vide order Annexure P/1, the Higher Education Department of Madhya Pradesh has issued an order dated 28.5.2013 by which all the Collectors of the State have been directed to impose Section 144 of Cr.P.C. in the college campus and adjoining areas for maintaining the law and order situation. It is submitted by the petitioners that such a blanket order could not have been issued. Section 144 of the Cr.P.C. gives discretionary power to the Collector, who can issue a prohibitory order u/s 144 of Cr.P.C. in case any exigency is there, but in absence of such exigency, prohibitory order u/s 144 of the Cr.P.C. could not have been issued. It is also submitted by the petitioners that the aforesaid order could have been issued only in urgent cases of nuisance of apprehended of danger.

Shri Tiwari, learned GA submits that he has received instructions from the respondents that as per meeting in the Ministry of Higher Education on 13.8.2013, it has been decided that the matter shall be left with the discretion of the Collector concerned who may invoke the power u/s 144 of the Cr.P.C. and the aforesaid order shall not be treated as a blanket order for the entire State of M.P. It is submitted by Shri Tiwari that except at Bhopal in the State of M.P., no where the order Annexure P/1 has been given effect to. It is further submitted by him that in future it will be within the power of the District Magistrate concerned to invoke the power u/s 144 of Cr.P.C. by issuing a prohibitory order only in case of urgency or exigency, if arises.

In view of the statement made by Shri Tiwari, no further action is required in the matter. This petition is finally disposed of, in view of the statement made by Shri Samdarshi Tiwari, learned G.A. No order as to costs.