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.
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Most Islamic scholars and schools of thought agree that the mustache should be faded or trimmed to ensure hygienic practice so the hair does not touch the lip. Along the lines of hygiene, Muslim men are also instructed to keep their beards at an appropriate length, which, according to Abu Huraira is a fist length. Chin scruff and light stubble do not cut it.
I think he himself should start practicing what he says.
Thanks for chaning the Headline CD.
CD, very wicked you are. On headlines it says UP Wakf Board and on the inside it is UP Shia Wakf board. Shias are simply not Muslims. Infact their religion is Shiaism!
This man seems to be no knowledge of Islam and got highest postion in the waqf board.
The hadees clearly says, GROW THE BEARD AND SHORTEN TEH MOUTACHE.
Shorten how much., it can go interpreted to minimal length of zero.
How does a man look like terrorist by shaving anything. A man with longer moustache really look like terrorist, that is the reason, it is much encouraged or practiced in military and police.
Some smaller ranked police constable even though they are very slim they look fearful with moustache.
I dont give my own fatwa or decree but wrongly and Misguiding religious ruling is worst than anything.
Those who misguide in the name of Hadees and Quran are more punishable as per Hadees.
May Allah guide him and all to understand and pracice the truth.
MUQ MAAFI
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