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
Best Decision?? how do u know ?? How can you tell that??
Happy Married Life
hahaha.. sorry yaaro odihodlu antha burnol and itch guard haakolllodakke naavenu jihadi gala ... we are now enjoying surgical strikes on mini pakistanis ... kushi ge yenne hodeyodralle busy weekend nalli ... saw indian channels , in almost all channels ...Jihadis and burqas ninthonkondu modi na baiyyodu nodidre gottagate ,burnol and itch guard yelli jaasthi agide antha gottu ...
neo converts are used by ISIS to wage Jihad , namge worry irodu ashte ... its two way process kanree ... even last week i saw 2 muslim gals leaving piece ful religion towards hinduism and christianity ...
abbu beary samadhana kanappa ... nin kashta artha agatte ... rashtradrohi kelasa nodi ... police and NIA involve age agatte ...yevano jayanthi anthavne kanrappo ... jayanthi annodu hoge haaksi kondavrige kanappa ... swalpanadru general knowledge beku .. madrasa product antha gottagi biduthe ...hhahaha...adakke bere 6 liikings , it proves madrasa education yaav level ge antha ...
Naren Kotian
You have mistaken Sanathan Dharma. We are the true followers of Sanathan Dharma which prohibits Idol Worship.
We recite Gayathri mantra 17 times in our prayer. Rigveda 3-62-10
It is the first chapter of the Quran.
It has to be logically from One Supreme Creator who has no Image. Creator who is unlike His creations. Understand the Truth. Study your scriptures learn sanskrit come back to the Truth.
Because Truth is going to succeed and falsehood is bound to perish
She has come back to the Sanatan Dharma
Happy married life for couple. Burnol+ itch guard to naren Singapore.
Best decision from her side, congrats
Naren bhai ... u have mistaken !!!! The picture what cd published here is her old picture when she was a piece , in sha allah we can see a peacefull picture of her in the future with the hijab
MADHUVE JAYANTI FOR BOTH...AND BURNOOL JAYANTI FOR CHADDIS.
If Muslim girl elopes with Hindu boy, police intervene to unite them. Here, the case is vice versa and the same police are separating the couple. What a tragedy.
her t shirts speaks alot she left peaceful religion( sanatan dharma) and joined piece piece religion :) hahaha ... not a loss,its two way process ... but NIA must track these guys becoz converts are used in ISIS .We know 21 neo converts joined ISIS from kasragod . there is chance of waging jihad against own country
This love, staying with a girl before marrieage, and dont know the islam , Quran and hadith. Simply enjoying in duniya is not the behaviour of true muslim. They are spoiling their life here and here after even took birth in muslim family and have a name of muslim. and also they are spoiling the name of our muslim community. Our prophet Muhammad(PBUH) Said, a Muslim sweeping lady is better than other non muslim girls to marry.
made for each other.
let them lead their life. good or bad finally they are the one who suffer.
giving birth , giving education , love and everything by the parents and finally the girl is saying that i don't want parents and the boy who poses like Salman Khan is her choice.
she will repent one day.
at the moment let them both enjoy....
Wher is my comment?why you do not posted my comments?is there any mistake is there? please CD dont show double standeard becouse im one of the reguler reader..
This is the result of advanced tech. Parents has to check their all mobile no.s which has fake names i.e real boys name as girl's name (dummy) and incoming calls blocked by lovers. Only user will unlock during parents absence.
parents are not much educated enough to the effect of Facebook and whatsapp. If you want to provide phone to your children give them simple phone where they can not download illicit apps
May Allah (SWT) guide the couple with hidaayah!!! We should not blame them. Islam is not dependable. Enough preacher for Islam.
Congratulations Girl for the best decision.
Police dept to call both both parents with them and discuss face face and try to solve with in their limit and both elders satiso actiso action.
Interference of any dirty criminal groups, anti Indian groups or any communal mind political leader or their organized goonda group department must take strict action and send them behind bar at least for one year period for igniting communal tension.
Trust this will spoil all trouble makers intention and their political benefit gains.
irrespective of religion all middle class citizens are suffering with present red currency exchange procedures. In between communal mind politicians creating problem and planning communal tension is not faith.
God will never accept thought.
Jai Hind!
Well she should not be blamed it is bcoz of unproper teaching if she know teachings it would not had happened
Congratulations to the couple, leave in peace, take care of each other.
we respect all the religions, but above all it's love. loving each other is more important than anything else. They have won the love, may god bless you, LOVE IS GOD.
Cute Couples, happy married life to both.
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