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State of Andhra Pradesh - Section

Section 26 in Hyderabad City Police Act, 1348F

26. Dispersal of gangs or assembly of persons

(1)Whenever it appears to the Commissioner of City Police, Hyderabad
(a)that the movements or acts of any persons residing in the City of Hyderabad are causing or likely to cause danger, alarm or harm to the life or property of any person or that there are reasonable grounds to believe that such person is engaged or is about to be engaged in the commission of an offence necessitating the use of force or violence or an offence punishable under Chapters XII, XVI & XVII of the Indian Penal Code or is about to abet such offences and when in opinion of the Commissioner of City Police Hyderabad no witness is willing to give evidence in public against such person by reason of apprehension of harm to his life and property ; or
(b)that an outbreak of an epidemic disease is likely to result from the continued residence of an immigrant; he may, by order in writing to be served on such person or by beat of drum or otherwise as the Commissioner of City Police, Hyderabad think fit, direct such person or immigrant to conduct himself in such manner as shall be necessary to prevent violence and alarm or the outbreak or spread of such disease or shall require such person to remove himself to such place or places and by such route or routes and within such time as the Commissioner of City Police, Hyderabad may prescribe.
(2)The Commissioner of City Police, Hyderabad may direct any person who has been twice convicted under Section 69 of this Act or any person who has been thrice convicted within a period of 3 years under Section 4 or Section 13 of the Gambling Act, 1319 Fasli as amended to remove as aforesaid.
(3)The Commissioner of City Police, Hyderabad may also direct any person who not having been born within the City Police limits, has been more than twice convicted of offence under Chapters XII, XVI and XVII of the Penal Code to remove himself in like manner from the City of Hyderabad or not to enter the City Police limits.A copy of such order shall be sent to Chief City Magistrate.
(4)For the purposes of Sub-section (2) the decision of the Commissioner of City Police, Hyderabad, that a person has or has not been born within the City Police limits, shall be final.
(5)
(firstly)-The Government may, if satisfied that peace or public safely in the City of Hyderabad or in any part thereof is disturbed or is likely to be disturbed on account of a conflict between different communities or groups or sections or gangs, thereof, declare by a proclamation (hereinafter referred to as the proclamation of emergency) that an emergency exists.
(secondly). Such proclamation of emergency
(a)may be revoked by any other subsequent proclamation; and
(b)shall, in case, be deemed to be cancelled after one month unless before the expiration of such period it has been renewed.
(thirdly)-After a proclamation of emergency has been issued by the Government under clause first whenever it appears to the Commissioner or City, Police, Hyderabad that the presence, movements or acts or any person in the city is or are causing or likely to cause danger or alarm or that a reasonable suspicion exists that such person has a design to destroy public peace and tranquillity, he may, by order in writing to be served on such person or by beat of drum or otherwise as he thinks fit, direct such person to conduct himself in such manner as in the opinion of the Commissioner of City Police, Hyderabad may be reasonable for public safety or may direct such person to remove himself to such place and by such route or routes and within such time as the Commissioner of City Police, Hyderabad may prescribe.
(fourthly)-Any person aggrieved by an order of the Commissioner of City Police, Hyderabad made under clause third may appeal to the Government within ten days from the date when such order is made.
(fifthly)-An order passed by the Commissioner of City Police, Hyderabad under clause third shall, subject to an appeal referred to in clause fourth be deemed to be final.
(sixthly)-Nothing contained in this Section shall require any Police Officer to disclose to the person against whom an order is made under clause third or to a court the source of his information or of any fact the communication of which may, in the opinion of the Commissioner of City Police , Hyderabad reveal the name or identity of person giving information.
(seventhly)-Any order made by the Commissioner of City Police, Hyderabad under clause third or by the Government under clause four shall not be deemed to be operative at the expiration of proclamation of emergency.
(6)If the person who has been ordered under Sub-sections (1), (2), (3) or (5) fails or refuses to remove himself outside the City of Hyderabad or enters the City of Hyderabad within the prescribed period, the Commissioner of City Police, Hyderabad shall cause him to be arrested and removed in Police custody to such place outside the City of Hyderabad as may be suitable in his opinion.
(7)Before an order under Sub-section (1), (2) or (3) is passed against any person, the Commissioner of City Police, Hyderabad or any officer authorised by him not below the rank of an Assistant Commissioner Police shall inform such person in writing of the general nature of the allegations against him and give him sufficient opportunity of explaining those allegations.If such person makes an application for the examination of any witness produced by him, the Commissioner of City Police, Hyderabad or such officer shall grant such application and examine such witness unless for reasons to be recorded in writing he is of the opinion that such application is made merely for the purpose of vexation or delay. Any written statement put in by such person shall be filed with the relevant record. Such person shall be entitled to appear before the Commissioner of City Police, Hyderabad or the said officer by a pleader or attorney for the purpose of explaining the allegations against him and for the purpose of examination of witnesses produced by him.
(8)The Commissioner of City Police, Hyderabad or the officer authorised under Sub-section (7) may, for securing the attendance of any person against whom an order is proposed to be made under Subsections (1), (2) or (3) , exercise all or any of powers of a court under Sections 75,76 and 77 of the Code of Criminal Procedure, 1898. When such person is brought before the Commissioner of City Police, Hyderabad he may release him on bail with or without sureties or may, from time to time, detain him in custody for such period as he thinks fit; but such period shall not exceed fifteen days at a time.
(9)Any person aggrieved by an order made by the Commissioner of City Police, Hyderabad under Sub-section (1), (2) or (3) may appeal to the Government within thirty days from the date when such order is made.
(10)Any order passed by the Commissioner of City Police, Hyderabad under Sub-section (1), (2) or (3) or by the Government under Sub-section (9) shall not be called in question in any Court unless the Commissioner of City Police, Hyderabad or the officer mentioned in Sub-section (7) had not followed the procedure laid down in the said Sub-section or there was no material before the Commissioner of City Police, Hyderabad upon which he could have based such order or the Commissioner of City Police, Hyderabad was not of opinion that witnesses were unwilling to give evidence in the public against the person in respect of whom an order was made under Sub-section (1).
(11)Nothing contained in this section shall require any Police Officer to disclose to the person against whom an order is made under Sub-section (1), (2), or (3) or to a Court the sources of his information or any fact, the communication of which may in the opinion of the Commissioner of City Police, Hyderabad reveal the name or identity of the person giving information.