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.
The NIA had named Zakir Naik, IRF, and others in an FIR registered under anti-terror law Unlawful Activities (Prevention) Act on Friday.
Comments
It only shows that PROPHET MUHAMMED pbuh, the final messenger to the whole of MANKIND Spoke the TRUTH...
He said : In the end time LIES will be accepted as truth and TRUTH will be accepted as LIES. People are IGNORANT of the CREATOR that's why the EVILs find easy to trap the people With LIES and DECEPTION. ... Most of the people who doesnt use their intellect are falling to the LIES of the arrogant leaders.. and believing it as TRUTH... infact if we research what ZN says is all TRUTH and FACT from not only from Muslim scripture but also other religious scriptures.
But its a temporary enjoyment... for the falsehood... if not repented to God ... They will surely see that ALLAH's plan was the best. Muslims should be patience on their arrogance and fight lawfully.
But they plan, and Allah too plans. And Allah is the best of planners.
Who is the creator of this Univers and
the creator of you & me.
When people are busy in exchanging their old currencies, the Govt. is banning Dr.Zakir Naik's NGO and slowly taking over his Schools.
BJP needs place to hide their black money. So they are byforce taking over zakir's house to hide their money.
BJP needs place to hide their black money. So they are by force taking over zakir's house to hide their money.
shame on NIA who is acting on centre for their shameless ideology ...to curb a peace lover and a peace preacher ..... does it mean that every Muslim become TERRORIST instead of Peace lover like Dr.Zakir Naik ?
i think its time to become that soon . as INDIA will see bloodiest Civil War as RSS wishes to hold onto its 2025 Brahmin Rashtra agenda to come true (which is dream only) . but if ARMY is sasffronised only
Movement like Popular front, SPDI , komu souharda vedike .DYFI,SFI,CFI, Dalit Panthers, Naxal . pragathipara vedike will always there to defend the Nation from such foolish rulers ....
Jai Hind
Asaram Bapu and Zakir Naik both are same
Do you know how????
Their followers are telling that they are innocent and blaming government ...Ha ha ha
Dr. Zakir Naik is a student of Comparative religions. He preaches oneness of God, peace and harmony quoting verses from Quran, Bible and Vedas. Anti Islamic elements cannot equate him logically, and they cannot tolerate his popularity.
Targeting innocent Muslims or peaceful Muslim organizations is not at all a good step. Fascists with their biased policies will only harm the peace in the nation.
India being a plural society, Ruling parties or any other parties why dont you support the UNITY IN DIVERSITY towards the benefit of our beloved nation.
Good move by government...
I think this may be the one of reason for Demonetization of 500 and 1000 rupees, Saffron Government attacking A muslim daayi and his organization under the darkness of 500 and 1000 currency, Actually Muslim does not benefit much from Dr. Zakir as he is not a fiqh scholar, our non muslim brothers missed the opportunity to understand the truth through him, But nothing to worry, If Allah wish to guide one, No one can misguide him,
you can ban legend and great leader like DR.ZAKIR NAIK but you cannot stop or prevent spreading ISLAM all over the world. if you hold one DR.ZAKIR NAIK thousands of other DR. ZAKIR NAIK will come up with more powerful SPEECHES and awareness.
so stop doing unwanted activities and actions..
Dr Zakir should have come to India, since he is away from India authority has more chances of squeezing his organisations. if he is guilty court will punish him. it should not be the situation where he gave stick and ate beatings. Only Allah knows the truth and Allah will guide the best..
I DONT think he can do unwanted activities,
any way
Truth will prevail and evil will perish soon
Political Power is the Master key to open the doors of Justice. hope the Indian Muslim Community Stand together under one political Platform . then only can defeat the Fascist ideology. in india muslim's issue is not just the religious one, its full of Politics which Muslims never realized. let the community stand on their own. now the question is where are those champions of Secularism ..???
This is the lab test of communal anti India rss group. Now by false case they will start to ban other Islamic organization. They are planners are full training under Jews group.
Whole IndIan citizens aware of their intention devide and rule for the sake of so called upper case.
But God will by the supper of peace loving Indins it will not happen.
Now the young cm padnavi of rss more active with anti India policy.Hope hard woring Mumbaikar will stand with peacefull life.
Jai Hind!h3
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