DC Cachar attends public meeting with hundreds after clamping 144; Lawyers say she violated her own order

On November 29, a few hours after Forum For Social Harmony and Chorus issued a statement announcing citizens meet on November 30, to demand the release of Pradip Dutta Roy and oppose the trend of charging people as anti-nationals, the deputy commissioner of Cachar, Keerthi Jalli clamped 144 across the length and breadth of her jurisdiction – the district of Cachar.

CrPC 144 is generally clamped with riots or huge processions on the backdrop. In Cachar, there were no riots, no agitation and in fact, the roads were packed with vehicular traffic as residents got busy with their daily lives. So, it was suspected that the government just wants to restrict any movement in favour of Pradip Dutta Roy and so, the 144 was clamped. If anyone had any doubt about this hypothesis, the deputy commissioner herself cleared the air.

Around 12 hours after clamping 144 across the district, she herself joined a procession with hundreds on the road. Her order said that there cannot be a meeting of more than 5 individuals, however, the meeting she attended had thousands.

When asked if by attending the meeting, she has not violated her own order, Deputy Commissioner of Cachar, Keerthi Jalli responded to Barak Bulletin, “Section 144 attracts clauses of prevention of Unlawful assembly. The meeting with students in High School had prior permission.”

It was a meeting organised by Karim Uddin Barbhuiya, MLA of Sonai Assembly Constituency. He laid the foundation stone of the Women’s Market in Swadhinbazar. So, it wasn’t a meeting with the students in a high school, moreover, there was a band-led procession in the middle of the road which is a public asset. “Without an ounce of doubt, this is certainly a violation of CrPC,” said advocate Dulal Mitra.

He added, “Firstly, where is an untoward situation in Cachar for which section 144 has been imposed. We oppose this move. The DC has taken the decision under directions received from Assam Government. There may be certain ideological differences with Pradip Dutta Roy but we don’t accept his arbitrary arrest. This is a direct attack on democracy. It is really quite astounding that the DC herself along with the MLA assembled together despite section 144 imposed in the district.”

Another senior advocate and a member of the Bar Association, Soumen Choudhury said, “She is herself violating her own order. It is sad that the deputy commissioner of Cachar after issuing an order stating that there won’t be any public meeting or gathering of people, herself fails to obey it. If she cannot obey her own order, she can’t expect that others will. Tomorrow, when others follow her and violate the 144, she will have to hold herself responsible.”

What is also worth noting here is that the organisers had themselves cancelled the event after the Deputy Commissioner clamped 144. Issuing a public notice, the AIUDF Sonai’s spokesperson stated that as 144 has been clamped, the event will be postponed. They even called up media contingents and informed them about the cancellation. However, within an hour, they recalled the cancellation after “speaking with the administration.” And hundreds were welcomed in the meeting.