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.
The bizarre incident took palce in Nidle village of Beltangady taluk. The rape accused is Shekhara Nalke, who is a famous tantrik and indigenous healer (naati vaidya) among local Hindus.
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Please hang this bloody tantrik......
I am sure that viren kotian is also a partner of this Tantri and that is the reason he is supporting him blindly. such rapists shuld be hanged in public. they have no right to live. shame on you viren for supporting a rapist who is worst that animal.
This type of so called TANTRY are in all communities. Not only in Hindus.
This act continues, as long as there is unwise/ foolish customers.
Waiting until the mishap happens is a big foolishness.
The public should identify such TANTRIKS in their locality and prevent them from their mull-practice.
with the foolishness her parents handed-over girl to that cruel person.
first have to punish her parents. and next better to remove any one of the parts of his body.
with the foolishness of that parents, directly they handed over that girl to that cruel person. first have to punish that parents.
This is kind of Tantik Love Jihad???
QURAN is not just for MUSLIMS. it is for the whole of MANKIND ...
ALLAH taught us HOw to be protected from evil in the QURAN>>>
NO need any third person... U just need to PONDER & act on what it says...
Its time to keep MEDIA away ignore the FALSE news which spreads about Muslims and ISLAM...
If YOU really want to know what ISLAM says THEN Read QURAN and PONDER on it... It will Save such traps of TAntris, Swamis, Jotiysa trap and other evils that are spread in our Society.
Look for the TRUTH,,, unless We look - who is the CREATOR...
We all will fall into such types of TRAP to the devil worshipers...
Please Learn QURAN (quran project com) U will understand How evil plays his role, when we worship FALSE Gods...
@ VIREN KOTIAN ,
U R FAKE FAKE PROMISE FAKE
BUT NEWS IS NOT FAKE THATS TRUE NEWS,
WE TRUST 'COASTAL DIGEST' MORE THEN FAKE BJP GOVERMNT..
Ache Din hum sab ke saamne...
Ache Din for Gundas
Ache Din for Rapist
Ache Din for Cows.
For Common people Babaji ka Tollu.
Wa Wa Master Veren Kottttain which part of the worldd you leaving???? you Maharaya looks like something fisheyy?? about you Maharaya any keep it on going The Day will come to know every one is it Faaku or Tanrtu????
Dear Viren
I think you are a bhakt of this Tantrik.
show your guts now!!
What happened all these Tantris??? keep all these Goonda rapist in a Dark Iron room for eve, good luck you Department's.
no mercy ,
please hang him or cut his private part...
This is called 'acche din' in NaMo's language
Fake news. only on cd
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