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
Burnol time for some people here.. Welcome to the Original Religion.
mr thogadia several poor adivasi hundus are embrasing islam and christaianity becuase of your caste system in hinduism. try to help these poor hindus.
Oh yeah!!! IN YOUR DREAMS....right.Happy dreaming Togadia!!!
oh, thogadya got wrong information may be 7.5 lakhs were converted to islam
Togadiya you doesnt know that more than 50 lkh non muslims embraced islam in last 8 years.
Whatever tricks they do to reduce Muslims, But, Allah made Islam to supersede all the religions of the earth. Allah is the best planner.
Mr.Togadiya is just following his master's foot step!! nothing new in his statement, Just look @ our honorable prime minister's statement before election and now?? look at our prime ministers statement when he was on foreign tours and when he is in our country!! only these people are fooling us!! don't give much attention for these types of ill mentality what they called leaders!!
Pravin Togadia being JAIN, why he did not convert to Hinduism before converting others to Hinduism?
Is he loosing his mental stability??
Not only Pakistani Hindus, but, they should bring back to India Srilankan Hindus, Bangladeshi Hindus, Nepali Hindus, Mauritius Hindus, Thailand Hindus, American Hindus, European Hindus, African Hindus, Middle Eastern Hindus etc., All the Hindus must come back to Hindustan. So, they will have majority.
its not new thing..........he is not true to himself..as he himself does not belong to HINDUISM. he is a Jain
Common innocent Hindus are fooled time by time.........even in Al jazeera interview Ram madhav told they do follow Hindu culture not Religion
Very very absurd news. Even if it happened, they don't know what is Hinduism and what is Islam, what is Christianity.
Go to Bombay's Maidan where dozens of educated Hindus are accepting Islam in public, without any pressure or greed.
The govt's seems itself shows Hinduism is diminishing and Muslim population is increasing.
Do whatever you want, the God' s real religion will rein for ever,
All man made fake religions will cease.
I THINK THOGADIYA HAD DREAM LAST NIGHT ABOUT THIS ,
PLEASE DONT JOKE TOO MUCH .....
RSS means liars and always lying. foolish people
Fun of the year... will reward him with \FEKU of THE YEAR\"... Jai ho..."
Muslims Worshiping ONE & ONLY GOD ALLAH, The True CREATOR.
ALLAH is the creator of all that exists, Even U Togadia.
Ye Togadia, stop spreading False news, People are not FOOLS to believe what U say.... U are old. Soon people will throw YOU and Your devils will also Forsake U.
Look for the TRUE GOD and ask his Forgiveness...
ALLAH will forgive all Sins if repented sincerely except SHIRK (associating partners with him)
STOP worshiping the CREATION and LOOK for the CREATOR. IF U R HOnest The CREATOR will guide U to know the reality of YOUR Idol Worship...
Muslims will never bow down to idols & shits & urine & monkeys- SiCK people will do such thing...
RESEARCH it if U are intelligent.
I think thogadia is totaly mental, in last 10 years more then 10 lakh Non muslims converted to Islam.
FAKE NEWS AGAIN & ONLY FOOLISH WILL BELIEVE....
togadia pagal, It's totally a fake news.
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