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
ALWYN,,,,THERE R SOME WHO WANT TO EXPLORE,,EVEN PARENTS ARE FINE ABOUT THIS BUT SOCIETY IS NOT ,SOMETIMES IT IS OTHERWISE,,,,ONE SHUD NOT INTERFERE TO THE CERTAIN EXTENT,,IN SOCIETY ONE SHUD KNOW HOW TO ACT AND TALK,,,,,ONE SHUD NOT HURT OTHERS,,,,LOVE JIHAD IS SERIOUS,,,THERE ARE INDIVIDUALS WHO DO IT FOR FUN,,,AND SOME FOR DEMEANING THE GIRLS REPUTATION AND SOMETIMES EVEN THE COMMUNITY,,,,,,,SOME SOCIETIES ARE VERY REGRESSIVE LIKE MUSLIM COUNTRIES,,,,,,OURS IS OK,,,ONE SHUD NOT FEEL EVERYTIME IT IS THE CASE,,,,,WHEN A COUPLE ACTUALLY LOVES EACH OTHER THEY SHUD BE ALLOWED,,,,THATS THE WHOLE POINT.......
Doorway to Haven AK47 please help us, many of our girls are victim of Love jihad, this is other example. we are help less
NO DC OR BC CAN STOP THIS,,,,,,ITS HAPPENING EVERYWHERE IN THE WORLD,,,,THIS TIME THE MALE WAS SAVED BECAUSE GIRL IS CHRISTIAN,,,UNTIL NEXT TIME,,,WEN GIRL IS HINDU,,,HE WILL GET IT FOR SURE,,,,,THEN WE WILL C WHAT DC DOES,,,,,NONESENSE PEOPLE TALKING COURAGE ON WEB FORUMS,,,ITS SO MANLY
Koti-an & other chaddis, BURNOL BODA
CHADDIGALIGE BURNOOL BAGHYA....
Shame !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! on dirty mind people...........
its not coming from their back ..its coming from Hindutwa Activists mouth
These shameless goondas have no job but to create disturbance in society. Police should book them for wasting time and trying to create communal disturbance. Arrest the leaders of these goonda parties.
One who act against country's CONSTITUTION and tamperning the rules and contents of CONSTITUTION and playing against law and attacking on any particular community or conducting group clash; igniting communal clash is a terrorist and Government and Supreme Court must announce to whole nation and implement.
Then no one dare to show off with DHARMA;SENA; BHAKT BRIGADE etc.
respected deputy commission,
dear sir,
it has been a practice in dakshina kannada that , the sangha pariwar goons always accompany policemen for any raid , which was complained by them.
why you need sangha pariwar goons along with your police men? your police men are not enough to handle the situation? or the police men are also involved in sangha pariwar activities?
this is specially when they raid \minority houses, church, mosque and commercial places only. entire muslims in dakshina kannada knows this routine. thus the minorities are losing faith in police.
kindly requesting your good selves to stop this practice to show that your team is capable to handle any situation, and your team is not supported by the sangha pariwar goons."
Add new comment