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
Madrasa teacher is recently accepted Islam. His surname was Kotian, he might be Narain Kotian's relative.
Please confirm,and hang him till his death.
oho...naren koti .where were you ..during ragaveshvara premalata ...harikatha..scandal ..do you feel proud abt ragaveshvara sree..you may find pejavara supporting ragavesvara...and contributed his part with him...but here you cant find anyone Muslim supporting madrasa teacher ...
Naren they love camels and bacchaabaazi is practiced in Afghan and pakis
Naren Anna,
When did you change your location from Thai Naadu to Singapore?
See below what perfect manuals have to say on the topic:-
In Hinduisum:-
Homosexuality is regarded as one of the possible expressions of human desire, Although some Hindu dharmic texts contain injunctions against homosexuality, a number of Hindu mythic stories have portrayed homosexual experience as natural and joyful, There are several Hindu temples which have carvings that depict both men and women engaging in homosexual sex
in Islam:-
In more than one place in Holy Quran, Allah recounts to us the story of Lut's people, and how he destroyed them for their wicked practice of homosexuality, there is consensus among Muslims and the followers of all other religions that sodomy is an enormity, It's even uglier that adultery,
Now, judge yourself, This madrasa teacher influenced by whom????
Naren Kotian, He must be inspired by your God men Swami Nithyananda, Ashram Bapu, Sant Rampal, Baba Ramdev, Swami Agnivesh, Chanraswami, Swami Raghaveshwara Bharati!!
@ Naren Kotian,
DONT TALK TOO MUCH OKK..
Some pandits and ustads have unnatural sex with cows too. Both should be hanged.
Indian law is very weak. Nobody cares for the law.
Some pandits and ustad have unnatural sex with cows too. Both should be hanged
Our law is very weak.
Haha where are jihadis ...faizhal Bhai ..yelri hogideera..beef business jora ? ..haha ...Dana kadiyokke ballu hidkondu kaaykondu kootideera henge ...eddu banree ...nimma ummah guru kanree...3 janakke chummah kotkondu iddaaga sikki haakondavne ...I heard it is in your perfect manual Anthe howda...? ...haha
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