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.
Responding to queries of media persons regarding the anti-hijab agitation in some colleges in the state by Sangah Parivar backed students, the minister said thathijab' should not be identified with any religion.
Comments
Sreenivasa for you if u say all muslims goto GCC country to follow the rukes of islam thn were you will send the to the rajsthani women everyone cover there head even we cant see there face until they show there face and even many hindus also use to cover there head with there saree and were you will send thm can you tell me whn you people do pooja u also cover your head with ur saree or duppata wht abt tht were you will send GCC or the other country do u have dont blame other religons they do wht they blive india is not made only for RSS and hindus india is of maltiple religon and maltiple caste and multiple festivle dont blame others b like a brother if u cant let others live like brothers dont try to do brain wash of good hindus ok
@shrinivas.
That means Sita mata is Muslim. we can see that Sita Mata is wearing hijab in all her pictures and idols.
Dear Srinivas, the comments from your side shows how much childish you are. If eductaed, they will utter these type of words. India Is the country for all religon and practicing their faith is given to every one by constitution. If you think that you are not happy with this , you can search for the place of your choice , where you can practice your faith. So don't try to misguide the people. Simply relcoate yourself to the place where you can practice your religion. India is not suitable for people like you. Because in india every one want to live togtehr. If we united we can develop. If we devided we will perish. That what otehr countries want with india.
@ Srinivasa, why you people are wearing threads around wrist and Panganama on foreheads.... Any one is opposing... that is your culture and ideology .....Dear Sini, have you checked the reality... have you seen girls covering their faces in the CLASS ROOM
@srinivaasa. If Hindus want hindutwa and blah blah blah let them go to Nepal. India is the country of Muslims, Hindus, christian, and many more .. in short it's the country of Indians. And coming back to sharia.. it's the constitution rights what Muslims
whether you take it as positive or negative, my comments upon the subject is: Dear non hijab ladies, Kindly don't start to wear hijab. you want to expose your figures to public and public simply enjoys it. i too feeling lot of things in my mind. it just because of you only force me to think such manner. specially young ladies (College Students) whoever not wearing hijab please don't wear. if you start wear it is very boring to come out from the home.
Good move from the education minister, thank you sir. India is a secular nation and anyone can follow their own tradition and custom.
@Sreenivas, dont provoke the matter, instead of wasting your time in getting yourself provoked please understand with any good muslim person about Sharia Law by that you will come to know what Islam is and what it teaches, you said to follow sharia we should go to muslim countries (LOL). Everywhere you find Islam you will find sharia law. My brother please dont provoke any matter and dont come to conclusion soon.
Such issues began only after communal force came into power,
If sita mata can wear hijab. Then all hindu womens should wear hijab.
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