The court emphasized that the power u/s 144, Cr.P.C. is an extraordinary power that must be exercised judiciously and in accordance with settled legal principles, and that the imposition of restrictions should be proportionate to the apprehended threat.

JUDGMENT :

Pradipta Ray, J. - By this writ petition Sri Swami Adhokshajananda Tirthji, the writ petitioner herein, has assailed an order dated July 15, 2000 passed by the Sub-divisional Executive Magistrate, Puri u/s 144 of the Criminal Procedure Code (in short, "Cr.P.C.") directing the police to prohibit the presence and movement of the writ petitioner within local limits of jurisdiction of the Court of the Sub-divisional Executive Magistrate, Puri and the conditions contained in the subsequent order dated July 17, 2000 passed by the Sub-divisional Judicial Magistrate, Puri granting bail to the petitioner in G.R.Case No. 760 of 2000.

2. The relevant facts as stated in the writ petition in short are :

The petitioner claims that he is the son of Guruswami Niranjan Dev Tirth, who was the Sankaracharya of Puri Govardhan Pitha before the present recognised Sankaracharya Swami Nischalananda Saraswati. The petitioner also claims that he has the legitimate right to become Sankaracharya of Govardhan Pith in place of the present recognised Sankaracharya. It also appears that the petitioner has been making such claim in different places in the country. Sri P.K. Mohapatra, the present Collector and District Magistrate, Puri took the cause of the recognised Sankaracharya and on September 5, 1999 wrote an unusual letter to the Commissioner of Police, Baroda (Annexure-2) making certain unfounded derogatory remarks about the petitioner and requested him to arrest the petitioner and to book him under relevant provisions of the Indian Penal Code. The petitioner has alleged that the present Collector bears malice against the petitioner and he is mainly instrumental in preventing him from coming to and residing at Puri. In January, 2000 the petitioner wanted to come to Puri to move the appropriate legal forum for establishing his claim as Sankaracharya, but by an order dated January 21, 2000 u/s 144, Cr.P.C. the Sub-divisional Executive Magistrate, Puri directed the local police to prohibit the petitioner from coming to Puri Municipal area and to place him outside the area of Puri Municipality within six hours of the said order.

On June 30, 2000 another prohibitory order u/s 144, Cr.P.C. was issued prohibiting the petitioner from coming to Puri during the last Rath Yatra of Lord Jagannath. On July 15, 2000 at about 1.30 p.m. the petitioner arrived at Bhubaneswar Airport by Air from Delhi and proceeded to Puri. At about 5.30 p.m. the petitioner came to Puri and went to his place of stay being a private house known as 'Pujya Puja' belonging to one of his disciples. The petitioner did not at all go out of his place of stay. In the same evening a Misc. Case u/s 144, Cr.P.C. being Misc. Case No. 305/2000 was initiated by the Sub-divisional Executive Magistrate (hereinafter referred to as 'Magistrate') on the basis of a complaint being non-FIR No. 162, dated July 15, 2000 lodged by Puri Town Police Station and the Magistrate issued the impugned order, operative part of which is quoted below :

"Accordingly, I Sri Govind Chandra Das, O.A.S. (I), Sub-divisional Magistrate, Puri do hereby require and direct the local police to prohibit the presence and movement of the second party u/s 144, CrJP.C. within the local limits of jurisdiction of this Court immediately after service of notice of second party."

On the basis of an allegation that the petitioner refused to accept the service of the order u/s 144, Cr.P.C. tore it and threw it away, the local police started a criminal proceeding under Sections 173, 186, 188 and 204 of the Indian Penal Code against the petitioner on July 17, 2000, arrested him at about 6.30 p.m. on the said date and produced him before the Sub-divisional Judicial Magistrate (in short 'Judicial Magistrate'). The Judicial Magistrate released the petitioner on bail on several conditions including the condition that "he should leave Puri town till submission of F.F. for the ends of natural justice, peace and tranquillity of general public." The