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
Feeling deeply hurt while reading such news about this Genius, Brilliant and highly knowledgeable person. What was his mistake ?that he called people toward truth? made them spend proper life and to lead a peaceful life which may benefit mankind in both the world?? he spoke the truth publicly is the terrorism??is he provoked anything which made his team to kill anyone. Many people in the world appreciating about his deeds but same time many people talking bad about PM Modi so who is what here. His Allah is with him and he is a strong believer. May Allah protect him from this calamity Aameen.
Islam says Suicide is an unforgivable SIN...
ALLAH gave us this LIFE, and QURAN is the manual to understand what is LIFE...
Non-Muslims should read the QURAN (U can check online thequranproject) to understand better, How ALLAH created Life and death and What is the purpose of this life...
QURAN is not just for the Muslims... it is a GUIDANCE from our CREATOR To the whole of UNiverse... Please look into it... U will be enlightened.
Those who are HONEST in looking for the CREATOR... ALLAH will Guide them... thats the trust we should have.... God is GREAT (ALLAHU AKBAR)
NA TASYA PrATIMA ASTI... there is no image of God....
she needs beef sukka
IS this not enough for HINDU brothers & Sisters to stay far away from the real Killers of our society. if U dont use your intellect and recognize the real culprits in our society... We will all dome our society with the liars and killers in disguise.
Whatever ways U want to block , ISLAM will grow with Zakir naik or Without HIM...
Enemies of ISLAM plan, But ALLAH has a plan...
Everything happens with the will of ALLAH. ALLAH's plan will Succeed..
Non Muslim should use their God given intellect to VERIFY what wrong thing Dr. Zakir naik says... If he is bringing near to the one LORD ALLAH to U guys then accept it (Even vedas says NA tasya pratima Asti - There is no image of GOD) Dont U think as Human beings are the smartest creation of ALLAH who can analyse and reason when they use their INTELLECT.
Why dont U guys think and PONDER on the lives we were created by ALLAH... Y We only believe the LIARS when we know the authorities caught lying many times...
Wake up guys... and PONDER on what ZAKIR NAIK says and Stop believing whatever LIARS want U to believe.
Add new comment