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
But BJP was able to do it in UP and Gujarat since EC is in its pocket
After model code of conduct came into existence in Karnataka, Congress crooks are not able to distribute money (both black money & fake currency) freely to get people for Pappu rallies like before.
Why can’t the idiot understand that Kannadigas have no interest in meeting him to listen to his nonsense.
Because it is a BJP stronghold and naturally communally sensitive region!
"Rahul asked party workers not to brag about their achievements and the
achievements of ministers, but to focus on key issues of each region
that ensure victory"
Is there anything to brag? And, he is advising to focus on key issues, now, during the election time? What were they doing for last 5 years?
Congress has change for its own good. Party party hierarchy, should be strong. The party must have zero tolerance on Corruption in the name of Party funds. Collect money from ministerial aspirants and Chairmen of statutory boards. Why other parties speak lightly about Congress is due to situation that is prevailing in the Congress. Native Congressmen are sidelined with migrated defected leaders. No one is listening or giving chances to hear views. This time Congress will learn a hard lesson for sidelining devout and loyal Congress leaders and giving prominence of migrants. Even senior leaders like Mr.Jaffar Sheriff and Moily are sidelined. Mr. S.M. Krishna left the party due to not giving importance to his seniority or experience. Now one after the other will start leaving the Congress after out come of the elections in Karnataka.
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