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
We pray to ALLAH, for your quick recovery
May ALLAH Help you
All the best Mr. Bava!
Bawa ka Eer daane mool?
Yaan moole Yereg aauwuye kiri kiri Car d popina
Mool ragaale ijji selfie geppuni jappuni hahaha.......
Whatever may people say.... Mr. Moideen Bava is able bring a lot of money from state govt or central govt. to his region...and works are in progress. I am not aware of much in politics, but Bava's smiling Photos we can see everywhere (especially in Krishnapura)...and he is a happy man. His smiling face even in the hospital is some thing explains what is \Moideen Bava\". I pray for a speedy recovery. Let him learn more and take interest in helping all poor people of his region whatever may be their religion (Hindu, Muslim, Christian....all.)"
KEEP HOPE ON ALMIGHTY AND HE WILL PROTECT YOU FROM ALL OBSTACLES AND HINDRANCES BY PROVDINDG SERVICES TO THE PEOPLE HONESTLY.
WISH U SPEEDY RECOVERY.
Oh we can see comments from tolerant guys here..
We wish you a speedy recovery bhai.. May Allah protect you and all muslims from all evils.
our prayer are with u MR Bava u have done very good work for surathkal blessing from poor people is always with u
GET WELL SOON
Moideen Bava a Great Personality !!!!!!!!!!! u got 100 crores people blessing.
all goes well, praying for u always.
get well soon bava ji...
our MLA moideen bava we are proud to have u here in our constituency. we expect more good work from your side, for that u have to be healthy and smart. praying always for u, get well soon, will try to visit hospital.
Big Fraud !!!!!!
nobody can do anything to bava as far as we are there, look like bjp is jelousy on bava, may be their is hand behind of this incident
Really sad to hear this, get well soon bava we are with u, u have done very good development work in our locality. we are always kind to u.
ohhh really tragic incident look at the car... praying for speedy recovery of bava kaka.
just missed !!! next time bava be careful :).
ohh bava!!! allah is always with u... people's dua will save u always from all the incidents, keep the good work up, Please careful next time, change the driver soon,
our prayers are with u bava, u have done very good work in surathkal locality, poor people's blessing is always with u, get well soon
Avoid Hitting a pedestrian, pedestrian kathe govinda.
Rash driving caused this accident, Moideen Bava Should be charged.
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