IN THE COURT OF THE DISTRICT MAGISTRATE AT PUDUCHERRY
No. 1417/DM/RO/D2/2014-139.
Present :
Dr. S.B. DEEPAK KUMAR, I.A.S.,
District Magistrate, Puducherry.
ORDER UNDER SECTION 144 of Cr. P.C.
Whereas, the Election Commission of India has announced, on 5-3-2014,
that election for the Puducherry Parliamentary Constituency will be held
on 24-4-2014 and soon after this announcement of the Election Schedule, the Model
Code of Conduct has came into force with immediate effect;
And whereas, the Election Commission of India, issued instructions that
District Magistrate, shall make a detailed and individual review and assessment of
all licensed arms holders, so that licensed arms in those cases, where they consider
it essential are impounded in order to ensure maintenance of law and order so
essential for ensuring free and fair elections;
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2014
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And whereas, the Election Commission of India, also instructed that
prohibitory orders under section 144 of Cr.P.C., 1973, shall be issued banning the
carrying of licensed arms as soon as an election is announced and should be
effective till the declaration of results;
And whereas, it appears to me that carrying of fire arms, spears, swords,
sticks, brickbats, lathis and other weapons by the public during the election period,
is likely to lead to a breach of peace threat to peaceful conduct of elections in the
District of Puducherry comprising of Puducherry, Mahe and Yanam regions or part
thereof;
And whereas, in my opinion, there is sufficient ground for proceeding
under section 144 of the Code of Criminal Procedure, 1973, to prohibit the action
mentioned in pre-para, which may be detrimental to public peace and tranquility
and may pose threat to peaceful conduct of free and fair elections;
And whereas, all the Station House Officers shall make a detailed and
individual review and assessment of all licence holders and all the arms licence
holders shall deposit their weapons with the nearest Police Station immediately
and in case, if the individual licence holder fails to deposit their arms, the Station
House Officer shall impound it. The Station House Officer shall furnish a detailed
report on such deposit and seizure;
And whereas, this ban shall not be applicable to those communities, who
are entitled to display weapons by long standing law, custom and usage, to those
Nationalised/Private Banks, where arms necessary to safeguard cash chest and also
to those sports persons who are registered with the National Rifle Association.
However, individual exemption order shall have to be obtained immediately.
Now, therefore, I, Dr. S.B. Deepak Kumar, I.A.S., District Magistrate,
Puducherry, do hereby prohibit possession and carrying of fire arms of any kind,
spears, swords, sticks, brickbats, lathis, stones and other weapons by the
general public in the District of Puducherry with effect from 5-3-2014.
Dated 5th day of March 2014.
Dr. S.B. DEEPAK KUMAR, I.A.S.,
District Magistrate.
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