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.
The victim has been identified as R Rudresh (42), a resident of Milkman Street in Shivajinagar. He was a BJP and RSS worker.
Comments
He died of a powder, which was scheduled to end his rowdy there anything special that he did,
Finally RSS got the sponsors for their trousers.
Chaddi to Pants journey
Whoo!!! chaddis have become Panties now!!!
He is a victim...it could be a dirty political game. BJP-RSS finds a good guy in their own association & plots a plan against muslims by killing them. This is well known. But Allah is the best planner. None in the universe surpass him. Allahu Akbar
Dear Chinnan , we condemn innocent's killings ....but these (RSS) are traitors who plot to kill INDIAN Citizens.....and hoisting Pakistani flag in Sindhagi
Muslims never betrayed INDIA .....these are you who traited our country
Quran Says 5:32 Whoever kills a person (unjustly)it is as though he has killed all Mankind. And whoever saves a life it is as though he had saved all Mankind.
Dont judge islam by seeing people rather Islam is totally opposite to what you see.
@ Naresh kotian. Your barking statement neither bring any solution to calm the situation nor influence the people of any faith, unless they are sick minded. I have been reading your sick comments every time, and I'm sorry to say that you are a uncivilized
Some of the morons like Kotians in this forum are suffering from inferior complex
They are jealous about Muslims. And I still wonder why Indian Muslims are associated with the neighbour country when there is no connection .
Why can't u associate us with countries like Saudi Arabia UAE etc
This reflects their cheap mentality and intolerance, which is taught in their chaddi Shaka's
And why surgical within...,if Allah wills a tsunami like natural disaster can wipe out entire humanity without differntiating Hindus mulsim Christians
So stop this hatred towards other communities
And look at the deceased. In which angle he looks like a RSS worker...bcos he looks like a goon.This murder could be for Girl, real estate or drug
Why drag muslims to it , Think why he is killed , muslims do not celebrate death of any person.. If deceased is having criminal back ground , it is a lesson to other criminals , same may face same end...
bros.... why roam with hate minds... spread happiness , accept reality...
Naina, Vijaya,
Please do not come to your own conclusion....let the law take its course of action.....don't count the chicken before hatch....
Its very bad!
RIP ....there is no safety for Hindus in rashtra drohi community controlled congress ..they hacked Prashanth ,charan kuttappa and Raju ....now rudresh....jai Sri ram ....jihadis will certainly have to face repercussions ...they were upset with surgical strikes on their co brothers in pak ...now its high time surgical strikes needed within ....jai sangh parivar ....
@laila; Stop dragging, muslims into ur dirty hindusht politics
Vote bank politics at its best. An RSS worker killed nothing happens! When a Muslim or a Christian is killed (not a good thing either) it is award wapasi time. Sick Congress and Leftists!
No one deserves to be killed in a civilised society.
These type of murders and lynchings etc always happen, just before any elections. These are happening right from Nehru's period. He murdered Shyama Prasad Mukherjee, Rafiq Ahmed Kidwai etc. few more BJP and RSS workers will be murdered by Congress
RSS ? what does it stand for? Rahul-Sonia Slave ?
If a RSS worker is killed it is not a considerable offence because they are fundamentalists. If the same thing happened to others it means atrocities, anti secular, anti national, terrorist activity. When we will get up and live in the environment of reality.
@shiva, If people start killing people of one particular community for insulting girls then almost 90% of them will vanish.
I hate RSS and their Bhakts but killing any person in such a way should be condemned...... If people started killing Bhakts for insulting girls then more than 70% of Bhakts will vanish.
Hack the culprits back in a same way. hindus will not tolerate any oppression either..
If u live by sword, u die by sword
The Cong govt has no answer to give to the people over its failure to protect innocent hindus.
This should not have happened. Very sad. May Almighty Allah give courage and strength to the bereaved family members, relatives and friends to bear this irreparable loss.
Weak policing all over the country are bolstering the criminals to beat, kill, maime each other. Terrible. Strictest action needed.
Hindu murdered,all of u have no problem
But if a muslim/ Christian was murdered,u call it as fascism,terrorism,brutality,...olakkeede moody
What a ****** country
How We Hindus live here
i remember
Kalburgi
Panasare
Dabolkhar...
PARA NARI rudresh is a GOONDA. CPI(M) fools people in the name of secularism. For them secularism is being anti Hindu. They dare dont criticise Islam and its traditions but take pride in talking ill of Hindu traditions and Hinduism.
Lives of Hindus are in dangers under Siddu govt :(
It's Muslim groups who is doing to bjp
It seems rationalists are having a bad time in the sub-continent for the years. Shame really!
So sorry to hear that..
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