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.
Mangaluru, Sep 6: In a shocking incident, a teenage girl allegedly committed suicide inside a bathroom at a college hostel at Vidyagiri, Moodbidri on Sunday.
Comments
I don't know why alvas is doing like this.....in the sense all alvas student know that there is not one room in alvas which number starts from 13....and each alvas pu student know the story behind this.....but i can't understand whether it is true or false........because i'm student of alvas.
The reason of suicide is not due to warden harassment, of course to control the students wardens should be strict. Student has very bad habit of stealing the things of other friends and she caught several times. Warden might have warned her for her bad things. So took this step. She is very bad in her due record she was not paying the school fees, whenever she get money she spend the money for lavish life and in case of shortfall she steal money from other roommates also she is going other rooms and stealing the things from students. I know all these matters because she stolen from daughter's mobile also. Later when her cupboard checked all stolen things came out such as expensive mobiles, sandals, perfumes, cosmetics, jackets and Money. Please let me know anybody will tolerate this bad habit in any college.
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