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
Hahahaha wat a jock reality Manglore....! How could u say Prathima means image ...who said that Prathima means idol or image ...dont be confused and don't confuse others ..... Firstly u have written it in Sanskrit language it clearly says na tasya Prathima asti ...it simply means there is no one equal to god ...! As a Sanskrit student let me clarify you that even Hindu girls names are like shwetha,Prathima ,Jyothi etc .... Prathima means not image or idol it simply means here no other beautiful girl equal to this girl ....prathima means equality...let me clearly tell you another thing swetha means white ...but we can also name a black girl as swetha .....!it simply represents purity as white ..... ..i know how you guys are ...its all written in our bhavishya purana about every era
Instead of complaining they should check the VEDAS first and follow how vedas says to worship . That is the core scripture of hinduism, people are diverted from decades from the scriptures and mindwashed to follow the cheddis version of hinduism which is against Vedas of worshiping one god without the image or idols.
Police, you are right....May be ----Some miscreants have used a Muslim name to disrupt peace like Bhatkal Meat / Nagabana case......Who ever may have done this mischief, his both hands should be cut .....
CD please don't twist the facts. His name is \Jabbar Kudroli\"."
NA TASYA PRATIMA ASTI... It means telling the TRUTH that there is no image of God and the people should stop worshiping the man made objects instead Search for TRUE GOD , who created U ME and all that exists... Did U ever questioned Y vedas asks not to worship Idols...... Please read and understand what is TRUTH and What will happen if U worship the man made objects...
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