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
RIP ...plis some one filled the on naga devata ... I think he retrun to naga loka ....
Yaar please call the creator as god....not creation....koi bhi jaati ho...don't take the characters of valmiki tales and call all the characters in it as GOD....keep it device...not every Pathar kutta billli saamp GO ect
Hinduism is commonly perceived as a polytheistic religion, Indeed most hindus would attest to this, by professing belief in multiple gods. while some hindus believe in the existence of 3 gods. some believe in thousands of gods and some other in thirty three crore i.e 330 million gods how ever learned hindus who is well versed in scriptures insist that a hindu should believe in one god.
The major difference between hindu and muslim is perception of god is common. Hindu belief in philosophy of pantheism. pantheism considers everything living and non living. to be divine and sacred.the common hindu therefore consider everything as god.he consider sun moon snake monkey etc and even human being as manifestations of god!
Islam on the contrary, exhorts man to consider himself and his surroundings as example divine creation rather then as divinity itself. Muslim therefore believe that everything is God's i.e the word god with an apostrophe 's'. In other words muslim believe that everything belong to god. The tree snake monkey etcin the universe belong to god.
Thus the major difference between the Hindu and Muslim Beliefs is the difference of apostrophe 's'. The Hindu says everything is god. The Muslim says everything is God's. Therefore 'WORSHIP THE CREATOR NOT HIS CREATIONS.
How can a god bite and kill his creations?
Yeh Wrong No. hai, Read your authentic scriptures and ponder on it.
RIP!
Superstition belief....snake does not spare anyone....but it should have...cant play with it....
we cannot blame the snake here because
girls know that is god as per hindhu culture but
snake dont know that it is god
Cow, buffalo, Rat, Elephant, Crow, Monkey, Donkey, Snake.. What next? Mooka praani galella dewara? worship the creator not creations! and specially not animals..
Indians are foolish, this happens only in India they do not know what to worship linga, snake, monkey, donkey, pig etc.....
Yes to cover their cunning and so called deva bhakti, some will start to blame that lady. Punishment from Naag devtha and they will continue these bling practice.
karana rao, Where is naga loka?
Whatever may be the reason, we lost a precious life. Pray for God's mercy on the poor family.
Snake is not God or it will not take you to God. Worship the creator and not his creation.
this is called mooda nambike and she deserve for it.
she will directly go to nagaloka, lucky girl.
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