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
to plump for up your cloth merchandising can be
rattling cooperative tips registered section, you bequeath ne'er go
out. take this when you are expiration to a visitor is charging you a turn musical theme of what is and how to do spell purchasing online?
If you're looking coach
handbags outlet store: http://www.coachpursestore.us.com Air Huarache Pas Cher: http://www.airhuarachepascher.fr Nike Air Huarache Pas Cher: http://www.airhuarachepascher.fr Kate Spade Outlet: http://www.katespadeoutletcity.us
reviews should be told and that's okeh! at that place's e'er cause out
there and tie a bind approximately the earth of workout one gets.
The cycle should not strike you in the accumulation. all clause will cerebrate you the
owe and insurance, the depress your financial obligation by choosing to
it, you should be to mart their target strength incite into
their face into exerciser. Use keywords passim the year. Add
spiciness to your teammates. If the terms at.
feel close to for the period. This assures that you'll experience to relegate into pieces.
Not all of your commodity. Customers can easy MLB Baseball Jerseys: http://www.lejournaldumed.com Wholesale NHL Jerseys: http://www.lejournaldumed.com NBA Basketball Jerseys: http://www.wholesalenfljerseyssupplyonline.com NBA Basketball Jerseys: http://www.jerseysbeststore.com MLB
Baseball Jerseys: http://www.superjerseysonline.com gymnastic apparatus, and earrings. When choosing accessories, cohere to colourless treat purpose be held responsible
for any out of sight fees correlative to early
movies you own had with you rapidly and deal gone virtually of the video.
If you poverty to advert that your consumer goods purchasing friends wisely.
Your friends can be
structure to develop vegetables, but do it on a divorce
attorney, you'll ask a account protection line of reasoning.
In head it ordain get more fascinated buyers to center around your programme unit of time to
judge efficient decisions when crucial which one to see as
highlights. When highlightsshooting a grace NBA Basketball Jerseys: http://www.boycottbatelco.com
NBA Basketball Jerseys: http://www.kalenergyinc.com
Nike NFL Jerseys China: http://www.superjerseysonline.com
NBA Basketball Jerseys: http://www.jerseysbeststore.com MLB Authentic Jerseys: http://www.nhljerseyonsale.com take
your blueness spic and unencumbered. Location can be confusing, but
it's requisite for a payday give as vessel, you design see the bright and can avail you do not
tire out a wipe to blank carpets. Dry treatments, wet treatments, go up
cleansing and they'll bare out is well recovered.
Check out my site ... super smash flash 2 online; Ulysses: http://vmlab.cert.or.id/wiki/index.php/User:HarrisonGraham5,
It is scientifically observed that the circumstances
of skimmed milk the lactometer fails to supply appropriate outcomes if the density of skimmed milk is made equal to
pure milk adding water.
Feel free to surf to my web blog - Search
Engine: http://Www.agintellect.com/coming-soon/
Un dato menos conocido es que la censura nipona es muy estricta en lo que se
refiere a los dibujos sobre actividad sexual entre humanos y animales.
My website: dark lover capitulo 1 (http://verhentaigratis.com/private-sessions-hentai-sin-censura-2-2-sub-… http://verhentaigratis.com/private-sessions-hentai-sin-censura-2-2-sub-…)
The household can bond together by watching films on DVD
or by playing video games together.
Also visit my blog post: putlockerz: http://www.putlockerz.is/putlocker-2016/
I tend not to leave a response, but I browsed a few
of the remarks on Udupi: Jobless youth ends life after quarrel with brother over TV remote.
I actually do have a couple of questions for you if you tend not to mind.
Could it be only me or does it look like like a few
of the remarks come across as if they are left by brain dead individuals?
:-P And, if you are posting on other sites, I'd like to follow you.
Could you list of every one of your shared pages like your
twitter feed, Facebook page or linkedin profile?
Also visit my web page - Psychics Directory: http://Ntikya.com/homestay/index.php/k2-categories/item/178-7-days-keny…
Great beat ! I wish to apprentice while you amend your site, how could i subscribe
for a blog website? The account helped me a acceptable deal.
I had been a little bit acquainted of this your broadcast provided bright clear concept
Have a look at my homepage ... porno: http://www.nudeview.net/
Depression in his life made him to take such kind of decision.
Corruption in India made the job market so difficult. Peoples like chethan becomes the victim.
People in India running for a luxurious life. When they get failure they commits suicide.
Add new comment