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
South Kanara police are doing wonderful job around...now they must take action against those bajrangies who had done ugly job around this incident....
In this case book the hate mongers and levy heavy penalty on them. They should be jailed for not less than 10 years with penalty of not less that 50 lacs for the loss of property done by the follower of these hate mongers. Take away their voting right and kick them out of karnataka.
If there are no instances of forcible conversions, what action they are going to take against those who accuse without any evidences? What action they are going to take against those hate mongers who incite communal hatred by using falsified allegations? At least a warning that it won't be repeated again or an public apology?
Now a days, Poojary's, Shankaracharya's Are converting to islam.
https://www.youtube.com/watch?v=3rJZWrX-fzk
Crorepati acharya Sanjay dwiwedi, who converted to islam, and preaching islam. Now leading a common life
@viren
UK's No 1 News channel
http://www.dailymail.co.uk/news/article-1343954/100-000-Islam-converts-…
There is no force involved to convert to islam in anywhere of
If nothing is found by the Police, then why these dogs are barking in Kalladka ???/ ...
Dear brother Viren Naren
Please use your intellect that God has given U before it perishes with God's permission... Atleast PONDER on what PREM says and research on it before spreading your VeNOM without knowledge of ISLAM in this forum...
TRUTH will prevail however u try to deceive people... Anyway try your best but also note that U need to look into QURAN before making enemies with the TRUTH.
Without knowledge of your enemy ... U look Dumb.
Viren Kotian,
Who's forcing you to accept Islam???
But, you can be booked for inciting communal hatred between communities using this forum.
Prem and true (anti) Indian are doing religious propaganda here. coastaldigest.com should not entertain such comments. This is not a religious forum. They are encouraging religious conversions. DK police should take necessary action against such comments.
ISLAM is the only religion accepted by God...
Eternal life begins when death happens...
Dont worship the creation of God, thats the only sin which will not be forgiven by God... (associating partners with God...)
Know who is our CREATOR before bowing down to created things..
God is merciful and most compassionate... A honest heart will find God if his intention is right to know about God...
To know about God and his attributes read religious scripture specially the QURAN (the quranproject online) a manual to MANKIND... Read to understand about Creator not to Hate... please, as a human brother ... keep away your hatred and make effort to know who is our CREATOR rather than falling prey to some hate mongers...
USE YOUR GOD GIVEN INTELLECT...
Surah barakah 2:256
There shall be no compulsion in [acceptance of] the religion.
Forcing anyone to convert is not allowed in islam.
No other religion book says so.
Add new comment