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
BABA's everywhere ,
better call kamesh baba...
waiting for kamdev baba.....
LOL he must be a stud, this kind of libodo at this age.haha.
power of ayurvedic medicines
NITHYANANDA
SARAWATI
ASARAM BAPU
NARAYAN SAI
SAI BABA
kRIPALU MAHARAJ
iCHADARI BABA
PREMANANDA
its like every month ONE SWAMI is caught for sexual activities..
ALL above big Swamis caught in this act... When will U guys WAKE up... Hindus need to understand and not fall trap to anybody...
JUst depend on GOD. To depend on GOD only, U need to learn WHO is GOD... IF U are HONEST, the GOD who created U & ME & all that EXISTS will GUIDE YOU...
STOP worry about your life with all the RAHU KALAAS and other KALASS its a game played with the one who is far from the TRUE CREATOR... When U recognize the TRUE CREATOR ... U will understand this JOYTHIS Deception like \this day is not good or that\"
STOP fearing... and LEARN who is TRUE GOD."
Idol worship is wrong and the people who run it will never say to YOU guys cos its a money making tool to fool those who doesnt look \WHO is their CREATOR\"
Unless U search for YOUR CREATOR of YOU and all that Exists... We all fall to such a way of deception in worship which make the creation like STONES as YOUR GOD or REACHING GOD (which seems that we are not using our god given intellect.)
The CREATOR says PONDER on ME ... He will Guide us ..But If we rely on IDOLs and other created objects as Gods then our Intellect is ZERO. NOTHING
God says HUMANs are Intellect than any of his CREATION, if we USE our Intellect... to HONESTLY look for HIM. He will Guide us. even if you are in deep jungle looking for HIM.
But people believe what is said and they doesnt use their intellect. which is pushing them FAR from the TRUE CREATOR.
Recognize YOUR lord and WORSHIP the CREATOR and not his CREATION... U will not fall to such pornist as your SWAMI. its not first ... U check your self... (NA TASYA PRATIMA ASTI) There is no image of God ... PONDER Y are U asking with the ImAGE which is LIFELESS>>> not even move hands and heads like us."
Dear Brothers,
Please learn from these endless incidents.
Hindu community is responsible for these incidences not only the Babas.
This is the consequences of Not allowing the priests to get marry.
the same thing happens with Christian churches.
Allow the priests to get married. As they would have families, they can understand the problem of worshippers, public
Otherwise you have to face the unfortunate consequences with our own sisters.
May God Guide
BOLO BABA PARAMANAND KI...
Now many might be dreaming to became SWAMI at-least once in life time to have free fun and enjoyment with support and protection of RSS/BJP goondas and politicians
LOL..!! The continuous news of HindusSanghis involved in rapes, molestation etc. and in return the reward to set them free, one can simply say- Bharat Mata ki Jai!
LOL>>>We are not saying ALL HINDUS ARE RAPISTS. BUT ALL RAPISITS ARE HINUDS.
Doesn't it sound similar to Terrorist/Muslim etc.
Parmanand ji Maharaj: We are all fortunate to have Narendra Modi and Baba Ramdev with us.
Baba Ramdev is out of depth now. My sincere advice with Swami Parmanand jee is do Dhyan for sometime to regain balance.
Baba Hari Das gave me the name \Parmanand\". I think it was a great joke because everyone started calling me \"Parmasean\"."
Seriously i dont know, who make them famous, why people go there..
Baba Parmanand is a \stud\". Literally Was sexually exploiting infertile women to.. A feat at his age."
Just look at sanskaari, oops I mean, tharki Baba Parmanand's age. But then I am probably being ageist!
There goes another Fake Godman.
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