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
Haha #1...RSS policy don't work ?,...then you are madrasa illetarate only ..sumne 30 days English speaking coarse kalsi ..love jihad ge train madiro product antha gottagutte ....we from RSS at very rapid rate penetrating Kerala and not one or even 10 killings deter us....we love our motherland to the core ....sangh will give befitting reply to their opponents in their own language ....
I think the cheddis have read the history of Zioist..of their deception and still wants to follow that way and deceiving many youths to take their side without considering the results...
Zioist fooled the people on World war by supplyng the weapons to both sides. and also fooled the countries thru bankers....
Russians and chinese recognised them and oppose their stratergy.
india has recognized it but cheddis controlled govt. will take the indians into their deception .. This is the REALITY.
Many families have lost their sons and the family members are in suffering...
And people will come to know only when it reaches their house holds.
If Your heart recognised the LIARS, better to start distancing from the LIARS. if not You will fall to the trap of their deception
Killers feeling the HEAT...
Some young life lost
and the HATERS are playing their games of blaming
the parents and the family of the killed will be suffering...
When can WE honest people understand this game of Hatred.
Why cant WE support openly to those who are against Hatred..
come lets join and voice out against the hate campaigns
What difference it is going to make....end of the day general public has to suffer....
Yes bjp, now you aware you JEWS policy will not accepted in GODS OWN LAND. You are targeting in your dominated state but it won't work out all over INDIA.
Tit For Tat is the right policy for you and your backing communal group.
Jai Hind!
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