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
Your agenda in all election is " We will build Ram Mandir" if we elected to assembly. Now Central is with BJP hand, UP is with BJP hand then what is the issue? Why again and again saying we will build Ram Mandir - Ram Mandir every now and then. Road is free and why dont you take steps to build the temple and finish the issue?
Dear Non Muslim brothers and sisters, believe it or not - These so called politicians will never build Ram Mandir or whatsoever. This is the main Muddah for their election campain. Actually we the voters are fool and fighting each other (Hindu & Muslim), killing , looting innocents etc etc. - Finally who will benefit? These politicians and who is the looser - WE
Dear All - Please think about the development of our state, country and cast your valuable vote to the right candidate who may contribute to the development of our state/country. In this era Mandir-Masjid is not the issue - Issue is development, education, job, food etc etc.
The problem is BALATKARI JANWAR PATRY (BJP), Modi and Amit shah style of running the government on Hitler style has already filled the gandu rashtra people with poison in their brains to send Muslims out of India. This is the real problem. Gandus want their gandu rashtra at any cost now. Arab Muslims ruled India for 900 years and enriched the country with coffee, silk etc. Then British came and looted the country. Then these BJP and RSS are gifted with the divide and rule formula from British. They are now just following the same old formula to eat up whatever is left in the country. All this making hindu rashtra etc is a drama.
Comparing to Japan and other countries India is quite behind, because their aim is development, whereas our aim is Mandir/Masjid and religion. If India continues the same theory, India will never develop. These politicians are taking India on wrong direction.
Tippu is dead , shivaji also is dead. Why not worry about poor people like us who are still alive? We have enough masjid to pray , Allah will accept our prayers from any masjid, plz dont worry about that. Kindly finish the ram mandir as soon as possible. After all this done, kindly focus on jobs, roads, farmers, water, food, social services etc. i hope this is very simple english so u and your like minded friends can understand.
Thanks
kachda chaddi,,
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