As per Section 144 of the Code of Criminal Procedure, 1973, Magistrate can issue order if there is sufficient ground for immediate prevention or speedy remedy. Magistrate may direct any person to abstain from a certain act, to prevent, obstruction, annoyance of injury or danger to human life, health or safety or a disturbance of the public tranquility, or an affray.
In this case, The Sub-Divisional Magistrate issues an order by which petitioner’s Puja Committee and others were prohibited from taking out immersion procession of statue of Goddess Durga and passing in front of two mosques in the village. This order is valid as it is an imminent danger to the peace and tranquility. Moveover, taking out the procession itself is not to be barred; it should be ordered that the procession should not cause any harm or disturbance to public, especially public coming to the mosques.