Revoke order invoking Sec 144 to close schools due to cold wave

PATNA: The Bihar education department has asked authorities of several districts to revoke an order in which they have invoked prohibitory orders under Section 144 of the Criminal Procedure Code (CrPC) to direct schools to suspend lower classes due to the prevailing cold wave.

The DMs should have sought permission before issuing the order, Additional Chief Secretary (ACS) in charge the of education department K K Pathak said in a missive to all divisional commissioners.

“The District Magistrates may be asked how their prohibitory orders become applicable to schools, but not coaching institutes, and other public places like cinema halls, commercial establishments,” Pathak said in his letter.

When the order invoking Section 144 of the CrPC is passed, it must be kept in mind that such an order should pass judicial scrutiny, the letter issued on Saturday said.

Section 144 of the CrPC gives power to government officers such as district magistrates and sub-divisional magistrates to issue orders in urgent cases of nuisance or apprehended danger.