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
Ache din ki maa ki aur Modi ki .....
Modi visits all country for yoga publicity.
Why he is silent on protecting cows(hindu god) in foreign country ?
RSS and all hindu Groups should approach foreign country to stop killing their Gods, If foreign country rejects their proposal then they should take actions to boycott foreign goods.
Is there any man in RSS or Hindu group to stop killing of Hindu God in the world ?
Impotent people can bark in their boundary only with their hired media.
After all God is more important than Yoga.
WHO ARE THE JUDGES?
NOW A COW IS SAFE THAN A HUMAN BEING.
AMERICA imports and eats hindu god daily. Why modi is silent on this issue ?
He should approach other country to protect hindu god. Which is weaker by nature.
Impotent justice from impotent people. Expecting justice from idol worshipper is totally wrong.
Kabir Meat exporting company is run by RSS people. It kills millions of Hindu God daily.
Why there is no FIR against them?
Modi has given subsidy to kill hindu god.
If the did kill a cow they do deserve punishment , Did modi make him kill a cow ?
This is called justice....?
Modi Government is trying to get these murderers out from the jail to use them in the upcoming election in Uttar Pradesh....what a tragedy...there is no value for human kind...no humanity left in this country...by hook or crook these crooks want to rule the country....
HEADS UP TO OUR INDIAN LAW,
ACCHE DIN KI CHAMATH KAAAR...
Delay tactics to Justice, so grieved family get fed up by this way...common ppl loose confidence on law system in our country
Why there is no FIR against Sangeet Som who is killing cow every day and exprting under Al Anam and other company name? Can the activists and govt take any action against this guy?
What a joke yar,,,,,,this is the stupid RSS and BJP
A big Joke of the year
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