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
All Muslim must Vote for SDPI...we should follow our hindu ppl...how they VOTE only for BJP in mangalore ...if the cadidate is also DOG..if it is hindu then they will vote for it....in similerly we should vote for SDPI if the cadidate is CAT....vote for religion not for this country development...
D'Souza Gaddar man...what is the construbution of your community towards indian independence...you people are slave and licking boots of british...we and our hindu brother fought & die to this country...
the biggest terror is the george W bush
we all know about you people...you always spread division, curription on earth and make people fight and play innocent role...
killing people using modern weapon & black suit with tie doest not make innocent..its also terror attack..
ALL Muslim must VOTE for SDPI, we all know the capacity of congress leader...NAMARD cadidate....if we defeat also we should vote for SDPI....
from where do you get all these infos ? Pls list out the outfit names also so that we can laugh out loudly.its an open challenge for you , prove your allegations if you dare
Wow Kudos to CD team for appraove OP's opinion. Kindly ensure similair opinion about national parties will be reflected as well. Journalism must be people friendly and request CD Editor team not to biased and respected readers opinion. Thanks
SDPI ZINDABAD............ YES LET CONGRESS SUPPORT SDPI IF THEY R REALLY A SECULAR PARTY........
SDPI is political arm of PFI, which allegedly has links with several terror outfits. All those who vote for this fellow are terrorists.
Let Congress – if it is really a secular party – decide not to field candidate from Dakshina Kannada and officially support SDPI as the latter had done in many seats in last Assembly polls. All the shortlisted Cong ticket aspirants are useless, shameless and corrupt people. Let all the peace lovers back SDPI this time.
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