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.
Mr Kodichal's in a press meet last week had strongly supported Muslim Personal Law and stated that polygamy is far better than prostitution.
Comments
whoever want to oppose muslim talaq system or polygamy matter in please learn about it then come to talk about it.........
@ #13 Naren Kotian Singapore.
Naren please join our Sister Jashodaben Fans Group,We will make you the President of our Fans Club.If possible we will expand our fans club in Singapore also.
Xavier Mamu,
Cool down, Don't be frustrated. Chaddi brothers will never come to your support when you are in trouble. Relax. Dont forget the Church Attack.
Mr Ibrahim is right, Allah's command is final, no one can change
if you do also it will be fail....
ISLAM is peace religion, never said do not feed non muslims and anti social activities... Always says respect them and their priest
Islam says see the neighbor's hunger and feed them.
DO GOOD WORK FOR SOCIETY and MAKE FAIL TO ALL HATE MONGERS.
Who the hell all these muslim hate mongers tom dicky harry to shed crocodile tears when muslim women muslim community have no objection with the issue. I doubt the husbands of those sharing dias have single relationship. They might have one by legal. But God knows howmany have made back door exit entry . We all knew how the aids spread and who are responsible for it. Haati ke daant khaane ke aur dikhane ke aur. This is bitter truth. Let them look into the referendum in their own community instead tarnish the image of islam and muslim community. They have raise the issues like casteism, untouchability , abortion, devadasi system, alcohol, prostituion, dance bars, fast track hearings for murders and rapists.
Alhamdulillah muslims are proud to be muslim. Islam is the way of life evidencing people embaracing it across the world after practicing different religion majority among are women. Subahanallah. This shows how the hate mongers are hatching the conspiracy against the peace religion. Inspite the efforts Islam will stan firm . More they try malign larger will benefit islam. Tareeq gawah hai.
Dear Ms. Bhat,
In Islam polygamy only allowed to those person who has the capacity to look after with justice. Of course, women are not a use & throw item. Do not under estimate polygamy. It can solve lot of social problems. If you think that marry more than one is just for satisfaction purpose, then do you have any answer about Lord Krishna, who has married 16,000 women?
Look at the frustration ..muah...chummah gang completely in disarray ...hahaha...jashoda Ben fans Anthe .. This community took women as property and they were raping women under the strict rules...this is the main reason 60% prostitutes in kamati puram are from -----community. Ree faizhal Bhai elree idira ....burqa togondra. . I mean for protest rally ge.....rikacha nu seriskondu bidi ....swalpa straight and balukuva made irli ...yaake Andre burqa haaki kondirodu gandu antha gottagbaardu ...haha ...chennagi practice maadri ...
uncultured cong leader
Xavier Uncle. (Im sure he is not a Christian).
Jaun Zale. Dont comment just for the sake of Commenting.Rather Shut your Mouth.
Dear Aunties,
First tell Our Honerable Modi ji,To take care of his Own Wife our beloved sister Jashodaben. please tell him to give her the identity.So that she can spend rest of her life peacefully.
Abu Muhammad #6 CALM DOWN...
People are Ignorant of the REALiTY without making their research they come out and make bow bow by BLINDLY following their Evil Stupid thinking Leaders who also trap the IGNORANTS who want to live a life of UnAware of the consequences with the CREATOR...
Ms. Bhat, I advise you to marry first, change your status from single to marital, try to become a mother to someone and enhance your family tree. with regards to your queries or objection whatsoever, I strongly recommend you to read Chapter Talaq in holy Quran just once in your life time, do a qualitative study, then come to the public (I'm sure then you don't need to come) give your statement.
Sulochana Bhat, first look into your house - in your Brahmin community when husband dies, the widow is shaven, locked in the house and called MUNDE BIRANDI. Women in her period is kept out of the house like dirty dogs, you like your sister to be prostitutes than being a second wife enjoying all rights, freedom, respect and legal status. Your Lord Rama's father practiced polygamy, Pandavas practiced it, Your Lord Krishna had 16,108 wives officially wholesale polygamy ever recorded, Look into your various scriptures for further details and who practiced polygamy. Hindu kings had scores of official and un-official wives. For Polygamy and Divorce is the blessing from God Almighty. See the condition of your leader's wife - she has been suffering like hell in this world, neither divorced nor recognised as wife - Treated like worse than animal. This is the honour you and your Jumla party giving to the woman as your scripture says - NA STREE SWATANTRYA MARHATI.
Why public interested in personal or religious matter? Is anyone getting harm with these?
Dear sisters, very rarely you will find polygamy system followers in Islam. If they do it is their personal matter and better than prostitution. If any poor lady or someone getting respectful life what is wrong with it. Also remember, they should treat them equally so there is no questions about cheating or insulting.
The women in Pictures... and also those who want to increase their intellect...
Please watch this below video in YT
\Ahmed Deedats Amazing answers to 2 questions\""
Yes, polygamy is better than prostitution. Those who do not know the meaning of verses from Quran try to learn the meaning in your mother tongue then only you will be convinced what is and why polygamy.
dear hindu sisters the moment you know about the rights islam has given to women you will no longer remain to be non muslim, A true muslim, and most majority of muslim men dont treat women as objects it is the non islam religions which are treating women as sex objects, i think for these above ladies prostitution is justified if their husbands do , what a shame and they forget that prostitution with whom they are doing is a daughter, or wife or mother of someone., is it ok for them if someone do the same with their daughter or wife or mother.
ISLAM IS THE RELIGION WHICH IS THE TRUE AND THE ONLY WAY OF LIFE. AND ACCEPTED BY THE CREATOR, SUSTAINER AND THE CHERISHER OF THE UNIVERSE ALLAH THE ALMIGHTY.
BJP is concerned about woman....why they are not concerned about Modi's wife....she has been longing for joining him....why women's right group helping her....and not talking about it.......scared....hypocrites...
Add new comment