Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.
The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs).
The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.
The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.
“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.
“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said.
“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.
Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.
The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.
Comments
If india gives him same punishment then assume that india is developed, in india criminals are given more respect than the victims.
Insane person. why dont you give him similar punishment....
Leave Bihar Campaign :)
Is controlling criminals important or fighting against Modi important? Nitish and KC Tyagi, please tell us
Shameless act from a political goonda. BTW had it been a BJP politician's son, CD would have had BJP in the headline. No I am not condoning the act if it was a BJP politician's son involved, I am just talking about how biased this channel is.
if the leader in the SUV was a BJP leader, your headline would have screamed the word BJP. Bajrangi RSS etc!
That politician's son is going to be get caught and will soon be released without facing any punishment.
that's how it happens in India!!!
in case of BJP politician, headline would have been ' BJP politician shoots 19 year old boy'. Since crime is committed by a non BJP politician, it only says politician in hearing.
This how the journalists manipulate the news.
Biharis Deserves... who voted corrupt Goonda Rajya
CM Nithish Kumar is in Kerala, he want the Kerala to be made same like Bihar.
Nitish Kumar is busy trying to cobble up a coalition in his desperate attempt to become the PM of this country. Meanwhile, the state is ruled by Lalu and his sons. So the jungle raj continues in Bihar.
its time to make bihar, up, wb ,delhi and kerala as independent nations. kick all these aholes from rest of india, let them solve their civility issue themselves.
gutter people
THERE IS TOTAL JUNGLE RAJ PREVAILING IN BIHAR SINCE LAST 25 YEARS DURING RJD- JD(U) MISRULE. NITISH KUMAR IS RUNNING GOVT WITH HELP OF CORRUPT MEDIAS WHO ARE GETTING HUGE MONEY I.E. HUNDREDS OF CRORES PER ANNUM FROM JD(U) GOVT FOR FLASHING ROSY PICTURE OF CORRUPT AND WORST NITISH GOVT. LALOO HAS RETURNED REIGN OF TERROR IN STATE WHERE HIS COMMUNITY IS INDULGED IN MASS ANTI-NATIONAL ACTIVITIES LIKE NAXALISM, MURDERS, DACOITIES, KIDNAPPING ETC. THIS IS BEYOND CAPACITY OF CM TO CONTROL IT. SO PEOPLE OF BIHAR IS BOUND TO SUFFER FOR ELECTING CORRUPT AND WORST PERFORMING GOVT WHEN THERE WILL BE NO PEACE AND PROSPERITY.
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