(b)exercised in a judicial manner which can withstand judicial scrutiny. ”
"PUBLIC ORDER" and "LAW AND ORDER"
6. In Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740, Court emphasised the difference between “public order” and “law and order” situation and held that situation of public order is more grave than law and order.
This suggests that more liberties will be curtailed in public order situation and hence the material fact should suggest the gravity of situation.
Thus imposing Section 144 in anticipation of violence alone but without due inquiry would be an anathema on individual liberties.
“Urgent situations” or “emergency” is to be found on case to case basis. Even if by any chance there is material for law and order situation, other means of lesser regressive nature should be first imposed. It is to be reiterated that power under Section 144 CrPC is an extraordinary one and hence shall be used in extra ordinary situations with extraordinary material facts and extraordinary care. Though such an order is an executive one, but shall always be well reasoned and based on material facts.