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
Hi faizhal bhai ...artha aithu bidi ....Johnny walker beku antha indirect agi kelta ideera. ...papa en madakke Agathe ...DEC 31st sigree Johnny walker nalli abhisheka madistini padubidrili.
adsari triple talaq baratte antha tension suru agirbeku ....haha .. Careful kanree hendru case haakidre kabbaddi adida reason ge monthly maintence kodbekaguthe ...konege Dana kadiyo vehicles saha ada idbekaguthe ....
Adsari ...binder nalli burnol business jora ...surgical strikes and triple talaq matter admele bp tablets demand jaasthi agidyanthe howda...haha...neevu Johnny johhny walker antha irodu nodidre gottagutte ...
Wonder why Naren keep shifting his base very often.... now in Singapore
Why....India is not safe?
Naren....Johnny Johnny yes papa.....this is not the topic here...... forget the world...we are talking about saffron terrorism in our country..and the world already knows who created IS...your American fathers and Israel Aliyas......OK...wake up...from your pills nashaa
People like Naren & Viren can only support sadist and womanisers like Trump...
thats the mindset of sanghis
nareen kotian is abnormal let him say ..he need treatment....
Naren mama, Sangh can't be destroyed. because no one is interested to destroy it. after all sanghis are also going to apologize to the nation one day. But currently your sangh has decided to destroy the nation. We will not allow for that. Ur ultimate aim is bringing BJP to power and making india a Hindutva country. but the aim of common man of India is peace and co-existence. (Plz dont translate peace into arabic :p)
Worst than Islamic state ? Haha ...as per Islam ..non muslim women are considered as slaves ..so Isis following that theory cmon man ...
u guys scream how much ever u want ...our sangh can never be destroyed ....love u sangh parivar ......trump mama bandu Islamic state ge benki haako dina dura illa ....surgical strikes admele mini Pakistanis gala demand for burnol has increased 4 times Anthe ...
Indian version of ISIS
So what TAG will applied to thus group. Are they Desh Bakth. Is it allowed to hold such weapons. If ithis type of offence carried out by minority immediatley they will apply terrorist label. Now we have to wait and see active central govt and their chela TV media's comments.
For peace loving Indians account this group is terroriit. Worst than ISIS
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