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
when a human being brutally killed, people are talking based on religion...... shame on you guys...... see his face.... it is the height of the cruelty... may his soul rest in peace
ARUN KUMAR
DUBAI
Idiot YOGESH, don't just say what ever you get into your mind, I work for RSS & MRM, You should know the fact that Ismail nelyamajalu used to visit tirupathi lord balaji for darshan with his family once or twice a year, he also used to conduct jathara(festival) at a temple in sullia, DK, every year. He was a very kind human being more than a muslim & a politician.
A very good husband, father, brother and a friend, I personally know him since 2013.
Please know the facts before you bark.
Naren, you did not explain what is 72.....you are just making bow, bow,..... you are free to take action against any one making hate comments .....
Dear mr SK ,mr true Indian ...police commissioner alla even DIG bekadru complaint kodi ...mr viren ,bopanna and yogesh and including me have the right to comment ..its not a social media like Facebook and twitter to lodge complain ...this is strictly controlled by admin ......cyber cell will also check anti Hindu comments too ..do u think we will keep quiet ...? We also know laws ...how we can sit when our patriotic organisation like sangh is mocked ...so better mind ur business ...better u talk to CD ...being a responsible media they are responsible for posting news which don't instigate ...but they are not doing ....
Naren, singapore ..what is this figure of 72 ... can you explain further ????
True Indian, Mangalore...it is better to report such matters with mangalore police commissioner,Mr chandrashekar....
Frustrated Brothers Naren And Viren.Papa pandu.Day is not far to pay for all your Comments.In sha allah.We give damn to all your Comments.Carry On.
Papa athmakke shaanthi sigali ..mele 72 virgins sigali .........yelli faizhal Bhai kaanistha illa .....banree \ innu illari rajiwoon antha helree \""
Coastal Digest please do not entertain Brother Viren's Such Comment which disturbs the readers or else we will have to complain against him with the Cyber cell.Please take this message seriously.
Death is not a disaster simply a passing from this world onto the next. It should make us reflect and ponder about the purpose of the life and what will become of us after death. Innah ilahi wa inna ilaihi rajihoon Deep condolence insha Allah grant him forgiveness and higher in heavens. Ameen
I have conducted a survey of Friday murders in coastal Karnataka. Especially immediately after or before Muslims special prayers. 99% of such murders are committed by Muslims only.
So Yogesh is making a confession that BJP is behind this murder ?
Shocking incident, he was really a prominent leader of congress. anyways rest in peace.
May his soul rest in peace
whoever made this brutal crime must be punish them in the like same. seriously a inhuman act.
How people can b so cruel? Y can't we lead our four days of life happily. Inna lillahi wa inna ilayhi rajioon.
Innalillahi va inna ilayhi rajivoon
Innalillah
Inna lillahi wa inna elaihi rajiwoon.
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