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
With this 10 crores what are they supposed to do ? It does not work out to them.
WHAT is wrong when our ELECTED LEADERS celebrate the DIAMOND JUBILEE OF VIDHANASOUHDA..KARNATAKA PRIDE.... people /kanadigas must be PROUD of...as any one ask when Political leaders visit and crores are spent...what will be the cost ot HUGE PARTY of 75000 bike riding from all over KARANTAKA..do you think bike owners will participate without benefit.... what kind of TRAFFIC MESS WILL BE THIS... is this not MONEY... We people must consider celebration of any KARNATAKA PRIDE with out leaders...
Whether the Secretariat has heeded to CM's advice? and "..... With this, the plan to gift expensive items to the lawmakers during the celebrations has been dropped." Is it only for the time being and will they get the gifts later on in their office in a "Low Key affair" where nobody will come to know.
Aiyoo swami. Navu irode heege. Foriegn tripu (to study foriegn culture and system and implement in Karnataka), Vidhan Souda habba, seperate religion for lingayats, seperate flag for Karnataka etc etc. All these things must be done by CM and MLA's only. Otherwise the public will get angry that they have voted for non-performers. No other Govt has even thought about this. Great. Really great. Before next election, Siddu, please plan another foriegn trip along with your ministers and MLA's to study the road in developed countries. Ram Linga, neenu England di ge hogi, Scotland Yard police salehe togoli Gouri Lankesh killers na hege hidiyodu anta. Good chance to make a foriegn trip. Nobody will question. Book now. Family noo karkondu hogi. You cannot eat the food there. Your wife can make Jola da rotti with olle mosaru. Bombatu trip. If you have some other plan, then do not take your wife. Alli bread sigute.
Udaya Kumar chennagi helidiri. Innondu maatu. All these at the taxpayers money. Lancha hodiyodu allade kittu kondu tinnodu. Naachike illa ivarige.
Add new comment