TNPF files revision application against Jaffna Magistrate for prohibiting protest
[TamilNet, Wednesday, 11 July 2012, 17:56 GMT]
Tamil National People’s Front Tuesday filed a revision application in the Jaffna High Court seeking to revoke the order of the Jaffna Magistrate, who banned the demonstration, which was scheduled to be held on June 18, against land appropriation in the district.
The Jaffna Magistrate has given his reasons on June 26 for his order prohibiting the demonstration as that the demonstration was threatening the national security, creating dissension among communities, attempts to lead the people to the dark era again for political gain over the suffering of people and that it seeks once again to deny democratic rights of people and to introduce armed culture to come to power making the people as political pawns.
The revision application by the TNPF have countered the reasons given by the Magistrate as having no legal basis. “There are no legal grounds for such allegations. The orders issued by the Magistrate on June 18 and June 27 are based on unfounded allegations,” the TNPF said.
The plaintiff says that reasons given by the Magistrate in his order should be considered as irrelevant considerations.
The Magistrate Court has no jurisdiction to ban a demonstration or a get together according to the Criminal Procedure Code.
The Magistrate has pointed out that he has been legally entitled to prevent a tense situation. But he has taken such stand citing an event by the police without basis.
The Magistrate has failed to provide material facts for his stand that he expects a riot or a revolt at that time of making ban order, the TNPF has said in its revision application.