Art 19 and police act 1861

30. Regulation of public assemblies and processions and licensing of the same:-

(l) The District Superintendent or Assistant District Superintendent of Police may, as

occasion required, direct the conduct of all assemblies and processions on the public roads,

or in the public streets or thoroughfares, and prescribe the routes by which, and the times at

which, such processions may pass.

(2) He may also, on being satisfied that it is intended by any persons or class of

persons to convene or collect an assembly in any such road, street or thoroughfare, or to

form a procession which would, in the judgment of the Magistrate of the district, or of the

sub-division of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly

or directing or promoting such procession shall apply for a license.

(3) On such application being made, he may issue a license, specifying the names of

the licensees and defining the conditions on which alone such assembly or such procession

is to be permitted to take place, and otherwise giving effect to this section:

Provided that no fee shall be charged on the application for, or grant of any such

license.

(4) Music in the streets:- He may also regulate the extent to which music may

be used in streets on the occasion of festivals and ceremonies.]

COMMENTS

 The police is empowered to regulate public assemblies and processions and licensing of the same.

 Violation of any of conditions of the license granted under this section will entail penalty postulated by

section 32.

[3OA. Powers with regard to assemblies and processions violating conditions of

licence:- (l) Any Magistrate or District Superintendent of Police or Assistant District

Superintendent of Police or Inspector of Police or any police-officer in charge of a station

may stop any procession which violates the conditions of a license granted under the last

foregoing section, and may order it or any assembly, which violates any such conditions, as

aforesaid, to disperse.

 (2) Any procession or assembly which neglects or refuses to obey any order given

under the last preceding sub-section, shall be deemed to be an unlawful assembly].

COMMENTS

 Violation of any of conditions of a license issued under this section entails penalty stipulated

in section 32.

Negligence etc of police: provision of punishment

The Police Act, 1861
29. Penalties for neglect of duty, etc:- Every police-officer who shall be guilty of
any violation of duty or wilful breach or neglect of any rule or regulation of lawful order
made by competent authority, or who shall withdraw from the duties of his office without
permission, or without having given previous notice for the period of two months, 1
[or
who, being absent on leave shall fail, without reasonable cause, to report himself for duty
on the expiration of such leave] or who shall engage without authority in any employment
other than his police duty, or who shall be guilty of cowardice, or who shall offer any
unwarrantable personal violence to any person in his custody, shall be liable, on conviction
before a Magistrate, to a penalty not exceeding three months’ pay, or to imprisonment, with
or without hard labour, for a period not exceeding three months, or to both. 

the defence of bound by law in sec 76 IPC

It is difficult to let the students understand that a lower rank police personal is not bound by all orders of his superior. sec 76 does not provide any defence for an illegal order, bcz a police man is not bound by order of his boss but bound by law.
The Police Act, 1861 section 23 also makes it clear-

23. Duties of police-officers:- It shall be the duty of every police-officer promptly, to
obey and execute all orders and warrants lawfully issued to him by any competent authority; to
collect and communicate intelligence affecting the public peace; to prevent the commission of
offences and public nuisances; to detect and bring offences to justice and to apprehend all
persons whom he is legally authorised to apprehend, and for whose apprehension sufficient ground
exists; and it shall be lawful for every police-officer, for any of the purposes mentioned in this
section, without a warrant to enter and inspect, any drinking-shop, gaming-house or other place of
resort of loose and disorderly characters. 

Gender Justice AND Domestic Violence: New Zealand Bail Act 2000 MAKES SPECIAL PROVISION AND OTHER THINGS

http://www.legislation.sa.gov.au/LZ/C/A/BAIL%20ACT%201985.aspx

New Zealand Bail Act 2000

 

22 Conditions of Police bail granted to defendant charged with domestic violence offence

(1)In addition to the condition or conditions imposed under section 21B, a Police employee who grants Police bail to a defendant charged with a domestic violence offence may impose as a condition of the bail any condition that he or she considers reasonably necessary to protect—

o    (a)the victim of the alleged offence; and

o    (b)any particular person residing with the victim.

(2)In this section,—

domestic relationship has the same meaning as in section 4 of the Domestic Violence Act 1995

domestic violence offence means an offence against any enactment if the offence involves the use of violence against a person with whom the offender is, or has been, in a domestic relationship

violence has the same meaning as in section 3(2), (4), and (5) of the Domestic Violence Act 1995.

Section 22: replaced, on 4 September 2013, by section 13 of the Bail Amendment Act 2013 (2013 No 66).

23Bail and breach of protection order

·         (1)If a person is arrested under section 50 of the Domestic Violence Act 1995 and charged with an offence againstsection 49 of that Act, the person must not be released on bail by a Police employee under section 21 during the 24 hours immediately following the arrest.

(2)Nothing in subsection (1) limits or affects the obligation of the Police to bring a person who is charged with an offence before a court as soon as possible.

(3)If a person to whom subsection (1) applies is not brought before a court during the 24 hours immediately following the arrest, the person may, at the expiry of that period, be released on bail by a Police employee undersection 21.

(4)If a person to whom subsection (1) applies has also been charged with 1 or more other offences arising out of the same incident, the person must not be released on bail by a Police employee under section 21 in respect of any of those offences during the 24 hours immediately following the arrest for an offence against section 49 of the Domestic Violence Act 1995.

Compare: 1995 No 86 s 51

Section 23(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 23(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 23(4): amended, on 28 October 2009, by section 7 of the Bail Amendment Act 2009 (2009 No 45).

Section 23(4): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

RULE OF LAW

In common law jurisdiction (and in ancient societies) king can do no wrong concept was prevalent. With the idea of rule of law it became clear that even king is not above law. Some enactments do acknowledge this fact. for ex -in New Zealand  Bail Act 2000 section 4 says: This Act binds the Crown.
Does this mean Crown may not be bound by some Act? 

PROTECTION OF STREET VENDORS IN INDIA: SOME EXPERIENCES

Today in the morning when I (ad)came out  from pragati maidan metro station I stopped at a street vendor selling juice. I was with my colleague Sri Sanjeew Ambasth, Indian Law Institute, New Delhi. I started enquiring about a child around 12 years age who was peeling the mausami. The vender replied that the boy is his relative. On asking why is he not studying in school, I was told that the boy belongs to Bahraich of UP which is inflicted from flood. Therefore, he is here and helping his parents earn roti.

ad - whether he has to pay something to men from police, municipality,

Juice vendor- to police wala I gives Rs 150/hafta(week), 300/month to one from  municipality, another 600 rupees  to another from municipality.

ad-so 600/ month to police, + 300+ 600= 1500/month

Juice vendor -Some time free juice to some men in authority like police, municipality etc  especially there is some panga  with customers on change of money, etc.

ad-Why do not you take a licence  for street selling.

Juice vendor—I ve full paper etc.

ad-then why do you give them money?

……I could not talk longer because it was 9.10 and we had to reach Indian Law Institute for thumb impression on biometric.

I was reminded by an Act of 2014.

WEDNESDAY, MARCH 5, 2014/PHALGUNA 14, 1935(SAKA)

THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND

REGULATION OF STREET VENDING) ACT, 2014

(NO 7 OF 2014)[4th March, 2014]

An Act to protect the rights of urban street vendors and to regulate street vending

activities and for matters connected therewith or incidental thereto

Reservation Issues and Mahabharat Katha : Arjun and Eklavya Argument in SC

 Faculty Association of AIIMS

v

Union of India[1]

---

[1] 2013 Indlaw SC 449, JT 2013 (10) SC 526, 2013 (5) MLJ 833, 2013(9) SCALE 198, 2013 (5) SLR 508

A Constitution bench of five judges comprising Hon'ble Chief Justice Altamas Kabir, Surinder Singh Nijjar, M. Y. Eqbal, Vikramajit Sen, Ranjan Gogoi, JJ unanimously decided this case on 18 July 2013. 

14. Appearing for the Institute, Mr. Mehmood Pracha, learned Advocate contended that people from Backward classes and the Scheduled Castes and the Scheduled Tribes were often discriminated against and even in spite of having excellent qualities, they were not provided with sufficient opportunities to come up to the standards, as contemplated by the various medical colleges and, in particular, the All India Institute of Medical Sciences, which is an institution of national importance. Mr. Pracha urged that although reservation at all different levels of the Institute had been introduced, for quite some time, there is no available data to indicate that there has been any deterioration in the quality of medical services being provided in AIIMS. On the other hand, AIIMS was one of the most sought after medical institute, not only for promotion and research work, but also for the purpose of medical education. Taking a leaf out of Hindu mythology, Mr. Pracha drew an analogy from the story of Eklavya and Arjun in the Mahabharta. While Arjun belonged to the princely class, Eklavya was a tribal boy, who without actual training or guidance from any teacher, by his own efforts, excelled in the art of archery. The famous Dronacharya was Arjun's teacher in archery and Eklavya had acquired the skills that he had by merely watching Dronacharya guiding Arjun. However, when it came to an archery competition, Dronacharya, who was more or less certain that, if allowed an opportunity, Eklavya would possibly beat Arjun, requested Eklavya that if he really loved and respected him, he should give his right thumb as gurudakshina to his master. Eklavya dutifully obeyed the person he had chosen as his master and was thus prevented from competing in the competition which Arjun won. Mr. Pracha submitted that simply because Eklavya was a tribal boy he was denied the opportunity of competing with Arjun, despite his brilliance and excellence. Mr. Pracha submitted that there are many more Eklavyas in today's society, who, if not suppressed and given a chance, would possibly even outshine those belonging to the higher echelons of Society.