Ans : : Prohibitory Orders refer to orders issued by competent authorities prohibiting certain things under various ACTs viz,u/s 36,37 Maharashtra Police Act, 1951, u/s 144 Cr.P.C. etc.
M.P. Act sec. 36: Power of Commissioner or the [Superintendent] and of other officers to give direction to the public. -
In areas under their respective charges the Commissioner, and subject to his orders every Police Officer not inferior in rank to an Inspector, and the [Superintendent] and subject to his orders any Police Officer of not lower than such rank as may be specified by the State Government in that behalf, may from time to time as occasion may arise, but not so as to contravene any rule or order under section 33 give all such orders either orally or in writing as may be necessary to-
(a) Direct the conduct of, and behavior or action of persons constituting processions or assemblies on or along the streets;
(b) Prescribe the routes by which and the time at which any such processions may or may not pass;
(c) Prevent obstructions on the occasion of all processions and assemblies and in the neighborhood of all places of worship during the time of worship and in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed;
(d) Keep order on and in all streets, quays, wharves, and at and within public bathing, washing and landing places, fairs, temples and all other places of public resort;
(e) Regulate and control the playing of music or singing, or the beating of drums, tom-toms and other instruments and the blowing or sounding of horns or other noisy instruments in or near any street or public place;
[(ea) Regulate and control the use of loudspeakers in or near any public place or in any place of public entertainment;]
(f) Make reasonable orders subordinate to and in furtherance of any order made by a competent authority under sections 33, 35, 37 to 40, 42, 43 and 45 of this Act.
M.P. Act sec. 37: Power to prohibit certain acts for prevention of disorder. -
(1) The Commissioner and the District Magistrate in areas under their respective charges may, whenever and for such time as he shall consider necessary for the preservation of public peace or public safety by a notification publicly promulgated or addressed to individuals, prohibit at any town, village or place or in the vicinity of any such town, village or place-
(a) the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence,
(b) the carrying of any corrosive substance or explosives;
(c) the carrying, collection and preparation of stones or other missiles or instruments or means of casting or impelling missiles;
(d) the exhibition of persons or corpses or figures or effigies thereof;
(e) the public utterance of cries, singing of songs, playing of music;
(f) delivery of harangues, the use of gestures or mimetic representation, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other object or thing which may in the opinion of such authority offend against decency or morality or undermine the security of or tend to overthrow the State.
Prohibitory Orders are issued by C.P. / D.M. under section 37 of M. P. Act 1951 Such orders are valid for a term of 15 days (at a time) and are renewed by the competent issuing authorities from time to time.
Cr.P.C. Section 144 - Power to issue order in urgent cases of nuisance or apprehended danger
(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safely, or a disturbance of the public tranquility, or a riot, or an affray.
(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof:
Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor-in-office.
(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to subsection (4).
(7) Where an application under sub-section (5), or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order, and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.
उत्तर:
मनाई आदेश (Prohibitory Orders) म्हणजे सक्षम अधिकाऱ्यांनी विविध कायद्यांअंतर्गत काही गोष्टींवर बंदी घालण्यासाठी जारी केलेले आदेश.
हे आदेश महाराष्ट्र पोलीस अधिनियम, १९५१ (कलम ३६ आणि ३७) तसेच फौजदारी प्रक्रिया संहिता (Cr.P.C.) कलम १४४ अंतर्गत जारी केले जातात.
महाराष्ट्र पोलीस अधिनियम, कलम ३६:
पोलीस आयुक्त, अधीक्षक किंवा इतर अधिकाऱ्यांना सार्वजनिक ठिकाणी शिस्त राखण्यासाठी, मिरवणुका, सभा, संगीत वाजवणे, गर्दी, इत्यादी नियंत्रणासाठी आवश्यक तोंडी किंवा लेखी आदेश देण्याचे अधिकार दिले आहेत.
महारा