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
Well Done Dr. Zakir Naik. We had enough of this media misrepresenting the facts to please the people who are in power & spread the hate in common man, and help the fulfillment of the Hidden agenda of the corrupt politicians. Thanks for taking this great step. A peace loving man of any religion will support you...... Insha Allah Victory will be yours.
Please watch his team member junaid khan recent interview about his income and behavior with others
Even his conversion is well planned drama
This bussiness is much better than dargah bussiness
It is good that the media houses are being sued for defamation. Media should stop slandering and making false stories against people. Only when an FIR / case is registered, should they break the story.
This has been going on for such a long time and a stop has to be put. Arnab Goswami and his type have taken a beating out of this case. Even the government has lost a lot of credibility because of this case.
As per naik media aired his videos which are out of context to mislead the people!!!!!!
If so my question is then why zakir naik blind followers are urging other people to watch his videos in youtube if dey are out off context?...as per his followers if some1 converts to islam after watching his videos then its good for socity if he becomes terrorist den its out of context...hahaha
Shame on RSS agent Arnab Go cow swami,
you will not come up'' time will come your realy face will come out and public will spit your face,for money and power not lift up god know the reality and he is the planer.
Well done.. WE ARE WIth U Dr. Zakir Naik...
People are Fooled since decades with manipulating the facts and presenting to the public...
Presenting news with suits and ties and make up doesnt make anybody Good and Trust worthy... We should look at who is behind it... there are many corporations who play with the minds of people... who lobby all this evil propagands even the cheddis have fallen to this category.
We should teach this decievers a lesson...
But ALLAH has power over all things... Those who know ALLAH, will never be in FEAR of any situation.. May ALLAH make us one of them.. it is the greatest blessing from the CREATOR of all the Exists.
Insha Allah, you will suceed Zakir Saab, These dogs like Arnab gooo sami, Naren should be taught a lesson for ever...... WELL DONE. WE WISH GOOD LUCK....
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