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
This attack on Karnataka by BJP. Why did not they raid houses of BJP leaders who have become rich after BJP came to power. Reddy brothers are roaming freely and had lavesh wedding of their daughter. IT department are sleeping
Timing is good!!. Each one repeats same in cycle and then they may stop doing corruption. But Indian political population is a strange one and may start bribing each other! Congress also did all kind of tactics! Timing of investigation of corrupt DMK - daughter!
How can congress explain recovery of 10.5 crores cash from the minister's residence?Is it not embarrassing for congress leaders who called the raid witch - hunt?
What does BJP say about corruption of their own leaders. How many raids were given on the corrupt leaders of BJP. There are not hundred but thousand cases of corruption of BJP leaders. Recently in Chhatishgarh, one minister Brijmohan Aggarwal has encroached the government land. A few days ago Chief of Kerala BJP was caught for taking bribe of Rs 6 crores. After demonetization maximum black money was recovered from these BJP leaders. Before demonetization, dubious land deals were executed with their black money as they know fully that demonetization was to be declared by their party.. Black money was recovered from the BJP leader in Punjab as well from Madhya Pradesh leader. Who is funding Amit Shah who is roaming using chartered planes from one place t0 another place. What were the sources of funds during elections either for the Centre or for the states. Admitted Congress is corrupt but BJP is the most corrupt party in India.Wherefrom they got 15 crores to purchase MLAs.
All corrupt politicians are the feathers of the same bird. All are corrupt whether in the ruling party or in the opposition. Some of them are pro industrial and getting unaccountable money to be spent on their rival parties to let down. If any leader is corrupt and facing trial in the court, they either try to purchase the sitting judges or transfer them on the name of promotion. These tactics have been used by Modi Government in Gujarat to have clean chits in Godhara riots.The enquiry commission was appointed to enquire about who were behind the killings of innocent Sikhs, one Mishra was purchased by the Congress party and he was taken in Rajya Sabha.These commission heads are corrupt and working as per directions of the ruling party. How one can get justice. In India justice is denied to poor, downtrodden and minorities. These political parties have cleverly expert to change the facts into lies. They are expert to purchase and threaten others who are disagreed with them
How can there be black money? Demonetisation was supposed to eradicate it.
He's questioning the time, he's not questioning all that money that's been
seized!
"Mr. Shivakumar's mother hit out at Mr. Siddaramaiah accusing him of not
protecting her son."... ideal mother
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