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
Kobrakka...
you know what human lives are much more important than cows, are you agree if cow protectors are killing human to protect cows ??? if so you should thrash those people who killing and exporting to Gulf countries.
Dear Shobakka, you shgould agitate to know who are the real cow thieves and where are they supplying these. I am 100 percent sure that 99 percent of these thieves are from sangh parivar and they transport the cows to Gujrat beef exporters owned by sanghis. Shoba is trying to fool us and divert the issue. She also knows the fact but doing drama. She is following her boss in this practice. Why dont you urgent in parliament to stop beef export and declare cow as national animal? Why bjp is not interesting is doing so and doing drama on cow. For them cow is sacred and should not be consumed by poor people in india and not sacred for exporting beef out of the country. does Shoba also has any beef exporting factory in Gujarat? May be yes.
ಈ ಎಂಪಿ ಖಾಲಿ ಜಾನುವಾರುಗಳ ಹಿಂದೆಯೇ ಇರುವುದು ಬಿಟ್ಟರೆ ಬೇರೆ ಕೆಲಸ ಇಲ್ಲವೇ?
ಯಾರಾದರೂ ಅವರಿಗೆ ಸ್ವಲ್ಪಹೇಳಿ ಕೊಡಿರಿ - ಜಾನುವಾರು ಕಳವು ಆದರೆ ಅದಕ್ಕೆ ಪೊಲೀಸ್ ಡಿಪಾರ್ಟ್ಮೆಂಟ್ ಇದೆ- ಅವರು ಅದರ ಬಗ್ಗೆ ಕೆಲಸ ಮಾಡುತ್ತಾರೆ
ನಿಮ್ಮ ಕೆಲಸ ನಿಮ್ಮ ಕ್ಷೇತ್ರದ ಅಭಿವೃದ್ಧಿ - ಅದರ ಬಗ್ಗೆ ಗಮನ ಕೊಡಿ ಮೇಡಂ
ಗತಿಸಿದ ೫ ವರ್ಷ ಖಾಲಿ ಹೆಣ ಮತ್ತು ದನದ ಹಿಂದೆಯೇ ಆಯಿತು
ಈ ೫ ವರ್ಷ ವಾದರೂ ದಯಮಾಡಿ ಅಭಿವೃದ್ಧಿ ಕಡೆ ಗಮನ ಕೊಡಿ ಪ್ಲೀಸ್
Add new comment