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
They broken their Pitha's Leg!!!!????
Merciless goons, Terrorists.
A day will come when this horse will do the same to U over & over... it might be wierd but in the court of ALLAH (one who gave this life to this MLA & the horse)... it can take the revenge.
what is the use of putting him in jail. he might be there for few days in jail with royal treatment. and once he come out from the jail i am sure he will get good post in party.
When BJP saffron goons cannot spare a animal, how can they spare Muslims. The act of atrocities are in their DNA.
Down Down Ganesh Joshi.
Poor Horse. Cruel People.. Where is our Madam Menaka Ghandi...Lets see what action she will take on him.
These Goons are worst than animal... How come our people who support them doesnot UNDERSTAND their evil acts.
PLEASE BREAK MLA,S LEG PLEASE.. ,
IF HE WAS IN FRONT OF MY EYES I WOULD HAVE SLAPPED HIM FOR SURE .. NO HUMANITY.. WHAT TYPE OF MLA HE IS.. KICK OUT OF INDIA.. IF U SEE THE LEG OF HORSE ,,, REALY... PUT HIM IN JAIL.
wht the hell! then I think his leg should also be broken with a stick. then he will come to know about the pain
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