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
today TRUMP ..tomorrow SUNNY LEION ...no doubt about that
and interested thing is TRUMP married thrice ... can cheddis ?
TRUMP likes to eat COW MATA and PIG BABA ... do they like?
one more interested thing is his grand father FREDRICK TRUMP was barber and owner of hotels and BROTHELS ....
Trump likes to have BEEF with cake, they forgot to bring it in the Party, Sena he is a BEEF (MATA) eater. Careful buddies!!!
This clearly shows that chaddis are anti nationals.
Because they are celebrating the birthday of one person who always hate Indians and scolded Indians many times.
Don't be surprised if these chaddis forget RAM Mandir and start demanding Trump Mandir...
How sad......what more can be expected from worshippers of Godse
This is what happens when some people remain illeterate. please my dear friends send your children to school, educate them, highly qualified to atleast understand what is right and wrong, so we will not see such kind of stupid brithday celebration in our future generations.
Good news....
Childrens be prepared for one more National Holiday (TRUMP JAYANTHI) in india.
Shameless Creatures....
Muslims are so powerful....chuddies (Trump) are scared......
he will ask \who r u ? touble mongers?"
Wonderful celebration by the RSS/ SEENA Mongers, these Buffoons thinking what??? Once Master Donald elected then he will teach Goonda Sennas A good lessons because he is Americians, these Cruel Baboon's not yet understand these American's, Puppet of Arabs, they will not believe you Poor Nasty's, they need money they are behind of money my dear Sena Criminals, spend poor people money for celebrating his Birthday totally waste and angry with your Neighbour friends made Dushman!!!!!! you criminals never and ever improve, feel like you Forgotten your died leader.
Jai Hoo Hindustan.
AFTER WINNING THE ELECTIONS TRUMP WILL CONVERT ALL CHADDIS INTO HIS MANGA JAATI.
Finaliy the RSS parivar proovd that hitler is the grand father and his belover is the father of the parivar.any how they not celebreated thire on father birthday so enjoy this tyip of stupid birthday,jai hoooooooooooooo
Now they forget to celeberate death anniversary of Late Takre.
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