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
one of the chut#yst man i ever seen in this news portal..do you think modi is internet email so all the people with him...first change your cow dunge to human brain and come to mangalore for treatment...
Doctor name Dr Kamath surgen 9967453786...
is it ok for you to replace with bakra brain...then dont blame muslim for that..reason we have sortage of human brain due to election
Ananth Kumar, what have you done for the people other then living the life style of the rich and famous with the poor tax payers money and warming up your seat. Nobody can match Siddaramiah he has done 100 foldes of you guys had done.. BJP leaders have nothing tangable to show that's why you guys keep bring up the watch issue. Please vote for Congress! so Siddaramiah can be our CM for a better future for the people of Karnataka.
Moustache still black by the grace of Kolesston colour but Laak chupawo Chupna sakegha Jhoota bjp walon ka jhoot ka chehra. Shakuni mamoo next mp election u will not be anywhere in Karnataka Map.
Wait and watch. first leg will be within a week and the final leg 2019 supda saap no adress of bjp or rss or u.
Anant, thu kasan sangtha maraya, lutha bais. 15 May pale Kazan zatha mum. Yeddi che chaddi votha.
Dear Ananthkumar, you are able and fit leader to be next CM of karnataka. You are always tellig the truth and open to all. We, the people of your constituency fully support you as our care taker and helping us. You are like our God Father.
Anant Kumar is 100 percent correct. Cogress will not get a single seat against the wave's of MODI and YOGI. Our great national hero leader PM Modi has already told that people of Karnataka have made their mind to kick out Congress and select only BJP in karnataka and to be followed by Kerala, Tamil Nadu and Andhra. I think Electon Commission should stop voting in Karnataka to save billions of Rupees as people have already informed our Leader great Modi that they will vote for BJP only. It will be a waste of money for Congress and other parties also as BJP is going to sweep almost all the seats. Our PM is a great astrologer and has dreamt about the win in Karnataka and whatever he dreams it comes true. He had dream of becomingPM of india and it became true. He also dreamed that he will visit also all the countries in the world and its nearly completing as he has left only few countries to visit. Jai Modi ji . Jai Hind.
All Bjp leadrs are day dreaming for power in karnataka which will end on 15th may 2018.Let them happy upto that day. JAI KARNATAKA JAI INDIA.NO FEAR INDIA IS OUR SLOGAN.
Ananth Kumar and Anant Kumar Hegde, both are same in mindset. always spits nonsenses
A study shows BJP is 'richest' political party and the money not in the name of party it's owned by BJP leaders individually. They are not showing it while filing nomination and they are not paying income tax also
The irony is, cow dung fools are criticising normal people
Soon BJP will be eradicated from India due to Computer baba, rapist BJP MLAs, Yogi and Feku etc
In other countries, ministers and elected persons will be highly qualified specific area focused people. Here in India, all BJP MLAs and ministers are some cow dungs
India will be free of BJP due to Modi and his MLA fools
I am not a supporter of any political leader or party. But yeah i'll definitely choose a candidate wisely while voting irrespect of his caste or party.
Mr. Ananth kumar what you know about the facilities the present govt has provided for the farmers by sitiing in Delhi?
Mr. Siddu ( I am not a suppoter of him anyway) has done Something for the farmers of his state. Dont blindnly fool the people of karnataka.
Its sad that farmers are ending their lives all over India..
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