In the time of this pandemic disease, Mumbai city has been the place for the ongoing prohibitory order for almost three decades. On 23^rd May the Commissioner of Mumbai police have issued an order which is known as the gag order i.e. a person can’t speak against the state governments or it’s functioning in the times of COVID-19 disease. This order was issued under Section 144 of CrPC 1973, DCP Pranaya Ashok of Greater Mumbai who signed this gag order due to the several issues faced by the state like the widespread fake news, incorrect information, misinformation, and other such objectionable content in the form of messages, videos, images and memes, audio clips over internet messaging and social media platforms. It’s been told to all the persons entitled as the “admin” on social media or messaging platforms shall be personally responsible, if any such information being circulated from a group administered by them. “It shall be the personal responsibility of all persons designated as ‘Admin’ on messaging and social media platforms to report such malicious, incorrect or derogatory content posted by a member of the group to police immediately,” it says.

The gag order which was issued by the police, effective from the 25^th May to 8^th June, the other directives as “prohibits any person inciting mistrust towards government functionaries and their actions taken in order to avoid the spread of the COVID- 19 virus and by that causing danger to human health or safety or a disturbance to the public tranquility”. Any individual who is going against this prohibitory order will be prosecuted under Section 188 of the Indian Penal Code, said by the order. According to the police, the order was issued to deal with the “animosity created in the state due to COVID-19 pandemic”. Ever since the communal violence occurred in the Mumbai city in 1992-93, the prohibitory orders have been issued continuously in the city. In most cases, the order has been justified under the reasons that is individuals from the summon group is of more than four or five people, but also from time to time the prohibition changes, which completely depends upon the political atmosphere and situation in the city.

Currently, BJP Party’s opposition leaders has launched an assault on the tri-party government which is led by chief minister and Shiv Sena head Uddhav Thackeray, this order can’t be looked in separation. The opposition has been offensive the state, particularly on social media, for the increasing range of cases of COVID-19 infection. During these attacks, the opposition leaders, together with former chief minister Devendra Fadnavis, have time and once more sought-after Thackeray’s resignation and disintegration of the state government.  Proposals for governor’s rule have been created. Claimed by many within the opposition that he police order was in response to their criticism of the government’s functioning in the state. Criticized by the BJP, that the tri-party Maha Vikas Aghadi –consisting of the Shiv Sena, Nationalist Congress Party and Congress – government’s gag order, created critical comments on the social media. Reacting to the police order, BJP’s Mumbai unit spokesperson Suresh Nakhua told that the Emergency was within the Congress’s DNA. Nakhua tweeted, in addition of the copy of the order that, “Emergency is in the DNA of Congress and its allies. Gag order issued in Maharashtra”.

As soon as the first gag order was issued, Pankaj Rajmachikar had moved the Bombay high court against the state government. Nevertheless Justice R.K. Deshpande had noticed, “Prima facie, the object of issuing the order seems to genuinely protect the persons from false and incorrect information being provided in respect of COVID- 19 disease, which is spread all over.”

Inconsistent issues of prohibitory orders have been time and once again criticized in the high courts and the Supreme Court. Disha Wadekar, the lawyer of the Supreme Court, who has made representations in a lot many cases referring to the recent anti-Citizenship (Amendment) Act protests in Delhi, termed the order “disproportionate”. Wadekar mentioned that the fundamental rights can’t be suspended under the aspect of “reasonable restrictions”. “Section 144 cannot be used as a legal tool to suppress the constitutional rights,” she added.

For almost three decades in Mumbai the order has been issued continuously without saying the specific scenario and because of the nature of these prohibitory orders, it has also changed the state of Maharashtra too. Since the last year of December, the police have been more rigid in its usage, mainly to avoid any kind of disapproval against the CAA, the National Register of Citizens (NRC) and the National Population Register (NPR).

This order, therefore may seem harsh to public due to unable to fully express their words regarding their own states, but it may also become the start to treat their place with respect and also it will prevent some prejudicial scenario in the city. Hopefully, the outcome of this order becomes beneficial for citizens.