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
Death to the Global Jihad.
Death to Sharia.
Death to Islamism.
Jai Hind!
sir in my vision you are the great indian leader
sir in my vision you are the great leader in the indian history
sir in my vision you are the great leader in the indian histor
To Bopanna,
Hi Guy, Just study the fact in India itself Islam is growing faster than any religion. Most of the them who embraced Islam are Hindus. But they are educated, I don't know your knowledge
You need to refresh your mind. Please Don't waste the reader's time.
.
What's wrong in what he said ? He spoke the truth that Islam is a violent religion
Send him to mental hospital.
He should be wiped out and NOT ISLAM......Where are you Naren....we are missing you.... Lost in the Bangkok streets.....If you are still there, please take this MAD MAN to Bangkok....
This is a failed attempt to divert the public concentration from the issues like Rohit Vemula and JNU in Karnataka... Chaddi's will never learn from history.....
Nobody in India gave such statement against any religion.
Poor guy forgot Dr. Chittaranjan's fate in the same Bhatkal.
Now he is in risk, why unnecessarily inviting unbearable venture.
He is in Bhatkal. better apologize or prepare for the worst.
Don't worry until today those tried to wipeout islam are themself wiped out,it is a promise of almighty to the people till the last hour comes let witness those alive.
What a Joke!!!
If you want to come to Lime Light you utter such non-sense, actually he is pleading not appealing to the Media to publish his speech, otherwise who will know him, never heard his name before, now he is Star (Villain Star),
Way to go Anant Kumar!!
Like that barking only uneducated Pagal Kuttha so leave it.
More the people trying to defame Islam the more Islam is spreading. 9/11 was done to defame Islam since then more people studies Islam and accepted Islam. allahu akbar
Poor guy.. Joined politics couldnt do anything for the community. Nobody even knows him.. He did nothing. Now he wants to come on news headlines, want to be famous as getting old. Want to be hero among people who provoke.. Want to be another donald trump of india. My dear nobody cares for you. Nobody wants to know you.. Hehe what a waste having you in india.
Mr.AKD...just asks with your own Hindu Brothers & sisters those who live in Arabian Sand , how they enjoy their peace life with their family & children in Muslim countries ! Then you will come to know the real fact of terrorism.
COMMUNAL RAGAV, GO TO NEPAL FOR FREEDOM SPEECH ,///// WE NEED PEACE HERE,, [JAI HIND]
one more idiot appears in chaddi parivaar.
This stupid is dangerous to peace loving Hindu society
You better try yourself rather than asking others to do it. Most of the people in BJP are gone mad. O Hegde Islam is near to your door step. Come out if you dare to know the beauty of Islam.
Metal Manja This MP,
More you try to wipe out more it spreads
This RSS dog is trying to spread virus poison at Uttara Kannada surroundings. Hope peace loving Kannadiga's will kick him from power shortly.
All are well aware these are the special training from his dirty nagpur base.
But rss will never succeed fro any angle.
He is in the state of \vitiated by perversity nature\""
Where is the commnet from Ibraheem Hussain Udupi.
We muslims fuck you anthya kumra hedge...
See his pig face donkey...why media is publishing this type of dog news...
Islam is the religion which brings peace and tranquility to entire human kind, now it is your turn to accept Islam and do some good things, otherwise you will have to taste hell fire hereafter. Also you have to believe in last and final messenger of Allah \Mohammed Sallalahu Alaiwassallam\".....
I pray. May Allah give you hidaya (goodness) and accept Islam as soon as possible...."
Dear Mr. Anantha its not like make in india or Mad in india or something like that , this is Isalam one and only Fast Growing Religion throughout the world no one can Stop, you are a just Dust for our Religion.
Islam is a religion of ALLAH.No one can harm Islam.Bec Allah knows how to protect his religion.Dont take it seriously leave him (Poor Guy).Allah is the great planer than the so called ordinary people.For them this world is All.But for us Life begins AFTER DEATH.So you people enjoy here we Muslim will enjoy Later.(In sha allah)
He wants to capture the attention of Mr,Modi by giving such statements where Modi likes such statements and will they will get the Minister post in his Cabinet.Like Anupam Kher got Nation Award for speaking against Amir Khan.
WHAT HE KNOW ABOUT ISLAM , USELESS GUY HE IS ..
I THK THIS TIME HE NEED TICKET UN ELECTION SO HE BARKING LIKE DOG
IF SOMEINE TALK AGAINST THE ISLAM OFFCOURCE BJP WIL GIVE TICKET ,
Y MEDIA HE HIGHLIGHTED THIS USELESS GUY NEWS..
Intolerence.....
He thought he became hero, barking like dog.
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