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
Is Modi Govt taking care of indians or UK. Is he PM for UK or India. He has already sold India in the hands of foreign investers and now selling indian assets also which was inherited from old kings. May be Modi will sell Taj Mahal, Qutub Minar, Vidhana soudha, Srirangapatna Mandir, Kollur Mandir to foreigners and make money for bjp and its supporters. shame on you bjp Govt. It will be better to kick out this Govt very soon otherwise we Indians will be completely sold out to foreigners. Beware of this looter's Govt.
Cheddi fans are BLINDLY supporting him. Start opening your EYES ... Looters have no issue and those helper who in the first place helped the british to loot the KOHInoor has no issue... Its not new.
Modi Govt. is a very big fake and rubbish Govt. any promise they fulfilled till now..?, hope their term will complete very soon after that only Acche Din will come..
After all RSS is the agent of British raj. How can they go against their
will ? THE REAL NAME OF RSS IS ROYAL SECRET SERVICE, which was giving then British rulers information about indian freedom fighters.
They are their sole agent then and even now.!
BLACK MONEY BHI NAHI KHOHINOOR BHI NAHI
Waah thief waah!!!
Next he will tell British never invaded India.
We invited them to learn to wear bikini.
RSS is the enemy of India.
It did not surprise me... We know cheddis partner during freedom struggle...
I think Kohinoor diamond belongs to Mugals (Shahajan). how Ranjith Sing is gifting British
Yes, its nice to see it with queen rather than kept here in India...someone will take it if it is kept here....can't trust....
Same like \National Herald is gifted to Sonia Gandhi and not looted by her\" as claimed by Congress party."
If a slave gives a \gift\" to his master, there is always room for reinterpreting the idea behind the \"gift\". But if the new masters are not different from the old, how can this happen? This is the tragedy of India - and this is why we ought to see that the Cong, BJP, CPI etc are actually a continuation of the British colonial legacy. You can defeat them in some cricket matches, but when it comes to substantive issues, you concede the match even before it begins. This is the colonialism of the mind."
Look like air leaking from 56inch chest.
Soon it will be 26 inch.
This decision of govt also justify
British rule over India.
Shame on BJP.
bjp and rss revere godse, the criminal who brutally killed Gandhiji. bjp/rss are agents of british
We want Kohinoor back, who is government to tell them to keep it and they then call themselves as nationaliats. These are real anti-nationals and agents of British.
@Tolerant Indian: Disappointing. The Brits don't deserve our Kohinoor. But if was a gift, then we shouldn't be expecting it back. Blame our Maharaja of Punjab. Height of MASKA GIRI.
Tolerant Indian: spineless modi. Kohinoor belongs to India. it is India's shaan. lalit modi now vijay mallaya took our money to UK. farmers and poor are committing suicide and government gifting riches to other countries.
@Tolerant Indian: Indians have the generosity to make the world rich, by gifting and stashing money in foreign countries!
We have had gifted everything to British during British rule! And now our Rich Indians started gifting by moving out of the country to get settled in UK? There is no surprise, everything is fine in Love to English!
Bring Kohinoor Back Kohinoor was our heritage, it should be brought back.
Kohinoor wasn't a gift. But a war prize that was pushed down our throats by sly East India Co. Better revise stand.
Everyone knows that RSS is always acted as British agent.
Kohinoor was not stolen from India. It was merely abducted. Shine On You Crazy Diamond.
Someone just told me 'we have enough gems in the govt, who needs Kohinoor.'
Okay Britain, let's do a deal. You give us back on thing we gave you - Kohinoor. We'll give you back one thing you gave us - Section 377.
modi govt run by buffoons: Kohinoor gifted by Ranjit Singh to brits? he died in 1839, brits snatched diamond in 1849!
After all, the difference between \gifted\" and \"lifted\" is just one letter."
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