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
Torture those in laws and wife in same way...
Paapa maare
Shame
It is nothing but, women misusing favourable laws
Kaliyug..!
They should be punished
Money will define issue. Man having more money, will torture woman and woman having more money torture man
Its an very rare case of torturing man by his in law's & wife
Huttu guna sattharu bidalla.. Naren was absconding these days.. now he is back with his jokes,..
He might be poor. That might be the reason
Unusual
yes naren, even its very surprising to see your unusual behavior as you react whenever you see muslim name or community in the news articles. and rest of the time you are silent. you don't see the pain, injustice, problems whether it be of any human in any community.
and in your brain all unusual things are very common. I need not mention why naren is famous for? even if I write CD moderator will not cut it :).. and I am sure that all readers will understand :):)
Husband torturing wife and in-laws killing son-in-law is very common in one particular community. And in Bhatkal all unusual things are very common. I need not to mention why bhatkal is world famous for? Even if i write CD moderator will cut it.. but i hope all readers will understand :p
yes Naren Bhai RSS ISS are two faces of same coin.
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