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.
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PUTTIDINA JOKULEG YER NINNA AMME TUPENA
Let us start with Ur Master.
This KKB again started to B--k
Why people cast their valuable vote in favor to this uncultured mannerless creatures. Most of the elected mp's are with same attitude and mind set. For our unite India all should kick them out from country like India.
KKB - KUTTE KA BACCHA.
during partition muslims in India was 36% and part of them migrated , so now decreased to 15%.. hindus in pakistan migrated to India , still migrating , hindu population might have decreased there also....even then minority hindus enjoying reservation in politics , education . etc
Here is one more....these BJP leaders are out of mind. Someone is saying change the religion (Ghar wapsi) and someone is asking to go to pakistan someone wants hindus to show their mardangi. Rubbish ppl with fools followers
good news for modi and baba ramdev......
U start the lead, let followers take your step
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There was a time when the enemies of mankind spread the LIES of accessive Population is harmful to earth and they spread the fear & introduced \hum do hamare do\". --- We see the results that most of those who never read about \"the revelation of God who gave the life\" have been trapped in this depopulation situation and NOW they are forcing their community to make children... without any financial aid.
ALLAH the creator of all that exists speaks about the life and death of every thing that he created..
one ayat of quran below: (17:31)
Do not kill your children for FEAR of POVERTY. We will provide for them and for YOU. Surely killing them is a great sin...
Those who trusted God never fall trap to such fear....
At that time and even now Many abortion took place to live a worldly enjoyment but in their old age people desired that they had many childrens... which they regret of not having 3 or more children..
Dont forget, India and China with most population are the most fast growing economy today.. Nothing to feel ashamed... only the ruling few will put fear on the people to control their evil agenda.."
have beef consumption .....for population increment
Raj Takre did not oppose our players to play against Pakistan hokey match in KL....HYPOCRISY....
India's population is 1.5 Billion......can India afford another 1.5 billion....to build Ram Temple....these are politicians gimmick to cheat poor innocent voters....very sad....
First eat madam posts and cashews....ha haa.....and ask for strong guns....
Giri babu
How many children U have or How much children U planned? Let the Cheddi members know that ...
It is hard to follow cos most of our leaders are just barking and no action..
our PM needs to reconcile with his partner
Cheddi Bachelors club - needs to search for partners even in old age to reach this target...
We need some leaders with action not blah blah...
If 76% Population is of Hindus, 24% Muslims!!! which is = 100%, then what about christian, Jain, Sikhs, Buddhists & Atheist?????
Mathematical Error Mr. Giriraj Singh.. You don't know simple maths and you are the Union Minister for the State.!!!! STRANGE....
Dikhao yaar. Mardaangi hai to.
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