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
With all due respects, to all our brothern Hindus,
One thing sure, series of babas because who are not allowed to marry are indulged in rape, adultary cases.
Babas who called Godman became criminals.
Hindus should not be so stupid to allow these babas to commit more crime and spoil the name of Hinduism.
If you dont allow them, you are risking your daughters in a very dangererous state. May God really help.
why are the hording in hindi, do this people not respect kannada and kannadigas?
@Hari... In that matter, Kerala media did well. They didnt give much importance to Amit Shah's visit. Kerala media covered actor Dileep issue at that time. But cunning Shah brought national pro cheddi media there for his programmes
They are coming for spreading hatred and communal thinking.. should avoid them and should not attend thier programmes. Even media should not cover thier arrival with much importance
LOL... Yogi and Shah from the state, which has no sufficient toilets for people and they are talking about development... Greeeeaaaaat
Communal Yogi and shahspoiled Mangaluru' sacredness
I heard speech of Yogi, while he visited Kerala. Fool Yogi told Kerala govt to learn hospital treatments and life care from UP hospitals... See the irony - Yogi, who is the reason for death of 61 children ask to learn from hospital things to Kerala govt, where health care sector having no. 1 position among Indian states
Mangaluru was sacred place just before your arrival. You spoiled that with blood stains of 61 children and many raped women
See the face of swamis, really public are idiots
Sacred land with feku babas... Yogi better concentrate on your UP land. First try to develop your UP then give advice to others. Our manglore is developing and we do not need your advise. Try to correct law and order in your state. I wonder why you became CM.. Instead of that you could have become a sadhu or pandith. This will be good and suitable for you. Also try to learn the meaning of DEVELOPMENT!!!!
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