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.
“Indians are failing to uphold the principles of Hindu religion,” lamented Dr K Marulasiddappa, the former chairman of the Karnataka Nataka Academy and an exponent of drama.
Comments
OK let's believe hinduism is fake, but why you guys don't teach quran in right way to terrorist.
Give me any verse from gita which say kill those non-bealiver who does not believe krishna. It's not your duty to kill innocent people at all.
You guys are already brainwashed, hence you never get what is humanity. In daily prayer, you don't seek help from GOD, you just say only allah should be worship, other are fake. It is not prayer, is it making someone into box, which he will never get out of it in whole life.
When Buddhist or Muslims ruled India was their greatest time period in history.
i take pity on wrong beliefs for Hinduism. The best available books on management,maths,politics,economics,philosophy,exercise,yoga are the parts of Hindu religion. The oldest religion in the world.
The people in the world are highly motivated and inspired by hindu religion.
muslims are safe only in countries where they are in minority, wherever they are in majority they are nuisance to themselves as well as others, take any country for example. Imagine if india was muslim country, muslims will make life hell for themselves.
No body will worship a sadist god who will burn some one eternally in hell for their finite crimes. No one believes that soul which has no birth and death is extracted from living , given a new body at time of judgement day and eternally lives in heaven or hell.
No one believes in a god who comes here and there and talk nonsense to so called angels and prophets , but can be heard only , not seen. No one believes in a god who is somewhere up above only but not everywhere or beyond space and time limitations.
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