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
He is a crazy without having any knowledge of islam. He only knows Talaq but does not know how to implement or follow it. such people are bringing shame to muslims and Islam. He should apologise for this great mistake and ask for pardon from Allah. May Allah give him right knowledge of Islam.
Rikacha ....idu democracy kanappa ....sumne avara paadige avaranna bidakke agalla ...crimes ge nimge non sharia beku ...kabbaddi adakke personal laws beku ...haha......hogappa ...eradu peg haaki ...bidko ...ohh ivattu yaava college hathra nu beat hogilla anths kanuthe raja Alva adikke....
I don't understand why non Muslims are more interested then Muslims to discuss about this subject. Mind your own business guys....don't disturb Muslims...they know what is good for them....
Very bad ...women are considered as property and I met one divorcee but well educated ..her husband left her just becoz she had baby girl ..he is roaming freely in India and she was in trauma ...later one good hearted married her ..of course he is a Hindu ...now they stay in Singapore only ...to send sexual abuse and polygamy ..govt must bring strong rules ....
Request everyone to watch video on triple talaq by Br.Imran. https://www.youtube.com/watch?v=MwNAgNNE-lI
This is an ignorant act to Claim a divorce, Divorce, in Islam is the most uncalled act for any man or women. The conditions and procedures are highly thoughtful & very clearly mentioned in Quran. A short example of one of the conditions: A triple Talaq doesnt mean reciting the word thrice & done, but, Giving a waiting period of 1 month to resolute and try to improve in between each claim of Talaq.
I would wish the commentators here just go through what the Quran says from the right source and understand the integrity of Justice given to both gender. This holds good for generations that's passed and for future to come.
When such incidents happens..
its a way Non Muslims & Some ignorant Muslims will know the reality of the divine law.
We Muslims know that Devils are most happy when couple part...
So a true Muslims will try to stay together as much as they can save their marriage form splitting each other.. and There is an option for the couple who could not go along with the partner.. (For eg : if the husband is dunkard and wife have a chance to give khula (talaq) or if the wife is dunkard and husband can have the option of giving talaq despite several warnings to quit the habit)
WE see compared to other religions, Muslim divorce rate is very less...
I would request the Non Muslims and the ignorant muslims who misuse this divine law to look the answers from the source or please check below video
\Br.imran Answering About Triple Talaq To a Non Muslim Sister\"
Well EXPLAINED .."
I don't know why the other part of women's right in Islam is not highlighted to public....they forgot how sita was left back in the jungle with luv and kush....can we know the reason please.......
If there is rift between couples, if every ways of compromise failed to unite them... is there any other solution other than divorce ? whether he proclaimed thru phone or writing letter or any other valid means , discussion on 'way of talaq' is second option.. discussion on 'condition of couple's relationship' should be first option for discussion...
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