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
Dear unknown,
you are the only third grade person in the world who bring religion in all matter,
who is hitler ? kill is uncontable
who is bush ? kill is uncountable
who is modi? killer of gujrath genoicide
people with black suite sitting in parliment and who put bomb on innocient civilin are great & patroit people.
people who fight back are criminal and terror.
we are proud of our islamic religion and not like your assh*le religion who worship million god without address
replace your gobar brain to human brain!! life will enlight
Why these brainless people are killing each other for party.. That killers fate also will be same. But it will be by some other goons
Again political rivalry came into limelight
Shameless creature.. they all doing to defame Islam. True follower of Islam wont do such things
Arrest all goons. Police hesitate to arrest most of the goons because they are working for party as their goon
To where these youths heading.. Shocking
Interesting fact is while classifying terrorists and criminals on the basis of their religion, Most of them are Muslims. I dont know why, but still they will address them as peace lovers and their religion is peaceful one
Inna lillah. I could not understand why Muslim youths are following Shaitaan and making their way to Jahannum. Will they be able to return the life of the youth? Why are they blind? why cant live and let leave other peacefully. No political party will come to your help when you need it. Political party will use you for the benefit only. May Allah bless the deceased with magfirah and bless with right way of thinking to the youths who are running away from right path.
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