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
raitha morcha... i can't see any raita in the above picture.. only bjp workers.
what siddaramaiah can do on cauvery or farmers suicide. cauvery issue ordered by supreme court and farmers taking extreme steps for their loan burden.
Blaming other party is an easy task. Solving a problem is a difficult task. What did BJP as a ruling party do to solve this problem during the tenure of Yeddy, DVS and Shettar? Bull shit.
CM for what. he not even responded to normal peoples issue on cauvery water. 4 days protest, curfew if he cannot stop this, why we need CM like him.
Bjp shut your mouth, kateel is a big criminal, Murderer
Bjp murdabad, Congress Jindabad.
Bjp seriously u guys are gone mad. suicides cannot be called as murders. farmers should take their own responsibility.. why only blaming govt.
BJP is out of mind.. farmers suicide is a trend now, they know their family will get lakh of rupees. and also many burden because of the loan they have taken from the bank, not only farmers here normal people also a loan defaulters of bank unable to pay the loan they will take extreme step but in karnataka for farmers suicide only matters.
Yes siddaramaiah is a big murderer.
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