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
Yedi & Shoba Always to be in Media with no Reason. Why is Media promoting when BJP says Madrasa is giving rise to Terrorist. Media is blowing things out of propotion. What happend with Hemanth Karkere(HK)? Who Killed him? He was telling the news of actual terrorist in India. Hope everyone remembers what HK revealed. I dont support any of the party. But BJP did biggest blunder by doing demonitization. Just to make their money white. People please grow up. See the Petrol price HIKE happening. Why SHELL petrol does not have Subisidy? Why GST is not introduced in Petrol ? There are so many things to think about. These people play with law & order. See yeddy is so confident giving Dhamki to Police. Only god can Save us !!!
The common man of India is struggling for fulfilling his basic needs, he wants peace, he does not need leaders who divide society on caste and religious grounds and create chaos and hatred in the country.
Well said, Most of the BJP leaders are responsible to created violation.
Statistics show that more Indians have been killed by RSS than by Pakistani terrorists.
Who then is worse?
Is she a member of parliment or she a member of RSS, I havent seen any statement from shobha who has talked of development from her mouth. every time her statement is about RSS/sangh parivar, Does she deserve a MP seat? its better she owes her full time to RSS intead of being a MP. Shame on her she represents the whole constituency not only RSS AND SANGH PARIVAR TERRORISTS
what STRATERGY to DISTURB PEACE OF OUR NAMMA NADU KARNATAKA
Fact is a fact, why Amit shah is not in the group,who is the main culprit holding 14 muderes on his head
"BJP gay nachgayne Illa",
if they have little shame left all these leadres would have not come to street with head's down for their super leaders who committed the crimes,
Indirectly it shows that they confirms what Mr Siddaramaih says..!!!
"nanu BJP nanu RSS", not full
"nanu BJP nanu RSS nanu BrahminBaniaJumlaParty", better!!!
Hindus beware of Brahmin Domination in RSS, they dominated exploited non-brahmins for past 5000 years, dont let them control us!!!
All are equal in Democracy, RSS is a Rascist organisation, majority leaders are Brahmins! Dont forget!!!
Congis are ######s, they were responsible for 1984.
Bjp are ######s, they were responsible for 1992, 2002.
Indira made a political decision, bad decision BUt a political one.
Advani, Joshi, Uma bharati gave speeches in Ayodhya which started riots killing of 3000 people.
Both parties have blood on their hands.
Both need to be sacked and someone better needs to be brought in.
@Truth
Excellent question. The current vicious atmosphere is because of them
Who perpetrated 1984 anti-sikh riots? RSS?
Good decision. Please go and sit in jail.
Nanu shoba matthu yediyurappa naau bjp rss bajarang te ... r.. r ... t ect.....
Another comedy by Sho-bokka. Please try a good mimicry
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