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.
"We Hindus offer Lord Krishna's package to Muslims--give us 3 temples and keep 39,997 masjids. I hope Muslim leaders don't become Duryodhans," Swamy tweeted.
Comments
Temple are filled with IDOLs, All idols doesnt speak, it cannot help itself, it cannot move,,,, & ALLAH say human are intelligent when they THINK. I wonder Y intelligent beings are not thinking ???????
VEDAS says NA Tasya Pratima Asti... There is no image, statues and pictures of God.. Why are u worshiping such thing which is life less.
WORSHIP THE CREATOR NOT HIS CREATION... (Quran speaks lot about our LIFE and the creation of all that exists..) If the creator says Mankind is intelligent .. Then FIND out Who is worthy of Worship rather than blindly following and worshiping the LIFELESS objects..
SEEK guidance from the one who gave us soul, Just say OH God, the one who gave me soul - GUIDE me to the TRUTH..
U will be on the path of those who are successful... GOOD LUCK May ALLAH guide those who look for HIM.
I say you give all your other temples to Muslims and keep that 3 temple.
BJP always keeps this Rama mandir issue open to contest in election, if they build Rama mandir issue is closed, then there will not be a big issue to contest in election. One thing is clear BJP wont build Rama mandir. They are following divide & rule.
BJP is counting downfall because of such morons in their party
And about this giving and keeping business....does he thinks that it's as easy as giving his daughter to a Muslim boy
Guys,
Why Swami is handling the Muslim community because his only one daughter ran away with Muslim guy that is why he is in pain so everywhere he is carrying that pain that he was not able to control his daughter. we should understand his pain. just ignore him.
Subramanya swine has nothing to do as his name is fading away from active politics, this is just a publicity gimmick.
He went on top list of jokers in BJP for this joke...see the pic, he himself is not controlling on his own joke..
He is a big joker, see how he is laughing on his own joke...
Swami dreaming in day time, Contraction of temple I am sure not in your this life. you should take a rebirth again.
To dear Fair Hindu Brothers,
Please have control on his tongue. Truly, he does not represent Hindu Community.
As in every community, there are black sheep. He could be one of them,
However once again, his comments has no bearing with Fair Hindus. The strange, why BJP does not want to stop such crazy leaders to be in their core committee.
Therefore even BJP is also not yet all representing real HIndus.
Now in India, we need a very strong party in the national level., like AAP in Delhi., consisting of like minded fair and open people. Let us encourage AAP in the next election.
In Delhi, they are success, God willing they can be successful in Centre.
A New deception to FOOL people & Unthinking saffron plan to loot. More deception will come when Elections are nearer & nearer...
Looting the country & destroying the peaceful society is the only agenda of Such LOOTERS...
Forget about 3 mosques, we will not give you a dust from them...
one of sardar's of stupid .... joker swamy :p
Susu Swami network begins for the year 2016..
Ye tho pagal swami hai. !
Why only such jokers are leaders in BJP.
BJP Credibility and fate of commons : Yatha raja - Ta tha praja.
It is better if this stupid concentrates himself on fixing unemployment problems around...temple construction is not an issue for people...
forget about 3 temples............even you can not get 3 hairs instead.............. if the Ram janmabhoomi issue is resolved , then saffronists have no issue to revolt innocents against Us
Swami very understanding Gentleman as well he assume Millions of Millions Hindustani's are big buffoons what he thinks so, probably he do not understand why Temples, Mosques, Churches or any other spiritual places, swami for you better stay in spiritual place as a puja that is best job for you or better to go Tamilnadu and join Cheala work very good or we have to have some different options to you Gentle man.
Jai Hindustan
election joke
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