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
Now all like minded should unite and eradicate all the malpractices in the name of religion like :
- Caste system- Upper, lower, Dalit etc.....
- Praying multiple Gods, also praying to Devils, Ghosts
- Fortune telling like horoscope. These can be seen on many Indian TVs.
- Telling the man made stories - that God and giants fight and God is loosing.
- Madai snana in Karanataka,
- Devadasi system in most of the South Indian states
Generally, stick to Vedas and practice it. These are more convincing than man made other books.
The best thing is if you found practical and true, get and follow from other religions.
Where are Ram sena, Bajarangadal ,VHP,ABVP.......? Why not Hindu is ondu in this case. Why not crocodile tears in this case. Wake up fear real creator.
Prostitution Racket using God's Name.. Sick people. This is bcoz of false believes.. Gvt should enforce BAN on it. many poor girls are trapping under this false believes.
Would they agree with SC? May be the order has to come from Nagpur and its never going to happen.
TO those who are ARROGANT
ALLAH says in QURAN: O MANKIND, We have created YOU from a male and a female and have made YOU into nations and tribes for YOU to know ONE another. Truly, the noblest of YOU with God is most PIOUS. Truly, God is all KNOWING, All AWARE - QURAN 49:13
Islam REJECTS certain individuals or nations being favored b'cos of their wealth, power or RACE. ALLAH created human beings as EQUALS who are to be distinguished from each other only on the basis of their faith and PIETY.
Prophet Muhammad pbuh said : O people! Your God is ONE and YOUR forefather (Adam) is ONE. An ARAB is NOT better than a NON-ARAB & a NON-ARAB is not better than an ARAB, and a White person is not better than a BLACK person & a BLACK person is not better than a WHITE person EXCEPT BY GOOD DEEDS & PIETY.
Do YOU know even DALITS also should not be looked down.... If U guys continue to oppress people & did not recognise the true God surely HELL will be the destination. Please READ what God speaks its not just for high class.. everyone can access to GOD's word.
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