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.
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Name kaise Chenge kar diya wo mere chchu the or unka name aslam alam tha or wo bihar se the how its ......
depatment ne bola ye accident hai .however body pe es scratch ase he nhi aa raha jo lage ki accident hai .. saar pe chot lage aisa laag raha jaise kise ne piche se saar pe mara or saar me hole sa ho gaya .. ungaliyo pe nishan aise jaise unko koe lohe ya lakri se mara ho and wo hath se bacha rahe ho .. body ki roknte khare the jaise ki wo kise se daar gaye ho .. hatho n bach me scratch aise jaise aunko khech ki gadhe me gira diya ho.. jis jahag se body mele waha khun ke ek v daag nhi .. saar me chot waha lage jo helmet se cover hota hai .. helmet gere mene bt wo tute nhi .. agar bike over control hue to helmet tut jana chahea .. its seems its not an accident .. its something else..
however it may happened but it is not a good thing for his family
he aslam alam .. he is from bihar .. we are still waiting for his body .. and he was my uncle who is no more ...please pray for him
he was my uncle . he was on duty .. and he belong from bihar .... :'(
he was my uncle .. and he is from bihar ..
tragic incident....
Inna lillahi wa inna ilahi wa rajioon!
Ohh horrible incident, RIP .
very sad incident, he is from chhattisgarh, heartfelt condolence to his family, RIP.
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