Continuing with its three decade old behaviour of indiscriminately slapping sec144 on Mumbai, the city police have once again issued an order. This time the order has called for a complete gag on persons speaking against the state government. https://thewire.in/rights/mumbai-police-gag-order-section-144 @thewire_in

This order, signed by Pranay Ashok, DCP Mumbai, operations, has specifically directed legal action against those criticising the state and its functioning in the times of COVID-19.

SC lawyer @WadekarDisha, who has made representations in several cases pertaining to the recent anti-CAA protests in Delhi, says that the order is both disproportionate and intrusive as per the “principal of proportionality” laid down in the J&K internet shutdown judgement.

In January, the SC had observed that the magistrate is duty-bound to balance the rights & restrictions based on the principle of proportionality and thereafter apply the least intrusive measure. The SC had observed that repetitive orders u/s 144 would be an abuse of power.

Justice Anjana Prakash, former judge of Patna high court calls the gag order *illegal* and beyond the scope of sec144. "The Magistrate does not have such wide & unbridled powers. In a democracy, every Institution has to function within the prescribed parameters," she says.