Section 129 and 130 of Article 239 AA gives power to Delhi government related to “unlawful assembly”
North East region of New Delhi is witnessing violence on a massive scale as more than 18 people have been declared dead so far. The violence includes vandalism of government and public property – shops, vehicles, religious places, petrol pump and more. Rioters are also snatching money and mobile phones of random people on roads. People in affected areas of Jaffrabad, Bhajanpura, Gokulpuri, Chandbagh, Khajuri Khas, and Maujpur are in fear and are having troubles getting out of their homes.
All of these started when anti-CAA protestors clashed with pro-CAA protestors at Jaffrabad stations. The violence then got a communal twist with protestors from both sides attacking each other with stones. People and leaders have questioned the leadership including Home Ministry and raised concern over the increasing violence. Home Ministry has taken notice of the ongoing rampage and gave shoot at sight order against the rioters.
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Delhi CM Arvind Kejriwal urged the people of affected areas to maintain peace and even asked the Home Ministry to deploy Army in the sensitive areas. Some people are wondering what are the powers of a Delhi Chief Minister and what can he do in these circumstances.
The NCT of Delhi has been given a special status, under Article 239 AA. It gives powers of law-making and administration to the council of ministers and elected legislature. The law puts – two subjects – public order and police- directly under the Union government.
However, there are two exceptions. Two sections of Criminal Procedure Code (CrPc) 129 and 130 – give certain powers to Executive Magistrate related to the “unlawful assembly”. Under the Section 129 CrPc, If a group is found in lawful assembly, Executive Magistrate has the power to disperse those persons. If this fails, the magistrate can use the civil force – which is the police.
Under Sections 130 CrPc, the Executive Magistrate can also call the officer of the armed forces of the Union to disperse the assembly. The section states that it can be invoked for “public security”. So this way, the Executive Magistrate, who reports to the Chief Minister, can issue orders relating to public security.
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