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
Sngha parivar sarkar and Corporate pulled India 10 years back and Looting India by increasing price for oil, gas and other products, neglecting farmers, unorganised sectors, drop in GDP, high cost living, middle class people dropped thier status to poor category, no planning comision, no pancha warshika yogana.....
for common people India became hell and totally frustrated. Rulers are wwasting time to divide india in the name of religion instead of working on developments. Uneducated and stupid personality like him ruling India including burocrates. qualification is not a eligibility to rule in India. Only hate mongers are selected for all the positions. We cannot blame them as the great fools are Peoples of India repeatedly electing hate mongers. will dream "acche din ayega" jai hind
Who he is "BASTURD" chopping finger; if it is against "Stupid modi"
Cheddi sandesh spotted..!
Well said mr. Nityanand Rai. Unculture Indian people dont know how to respect our hon. PM
I am rising my middle finger against Modi. Fool. Chop my finger
If you talk againts INDIAN constituiton ready to face the worst or public may drag you from the position.
Modi is the PM elected represnetative not a God. World has seen several dictators and thier worst end.
So suggest not to jump.
All the comments all we hear is the man agenda and advise from Nagpur else who will talk such anti INDIA slogans.
The more U bring people to do EVIL , the more, RSS will reward the bow bow leaders. and a fact done with the devils to destroy the young hindu generation to do evil in the society.
Add new comment