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.
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Dear Brothers,
These are nothing but so called salafi, Salaf means should follow the quran and sunnah according to the understand of the Sahaba, these are just following their own desires under the banner of salafi name. kindly change your organization name to somethingelse.
Brother Thanzeel what about your pant ?did you cut?it's above the ankle?first you did and scrue aothers,
U.N.Abdul Razak sir (President of SKSM Mangalore) For the sake of Allah Please cut your Pant its beyond your Ankle.
I did my duty obeying is your Wish.
Dear Abu Rimsha,
you can use Translated Quran in Kannada Meaning Version in Android Play Store Type PAVITHRA QURAN
Already there are kannada quran by other org like Shanthi prakashana, AS Puthige etc, if we are able to done coordinated work we can avoid duplication & use energy, time, money for different works.
Dear Abu Thabish IFF is working for community not like other group fighting each other .there are many group in salafi calling them kafir first stop saying other kafir. Allaha will see heart first . Salafi Built Many Mosque Near the other Mosque .there is no need built the Mosque still they Built the Mosque near other mosque in Many place .divided the Muslim .
No identity of islam except big beared.
Hope, they are muslim
YES BRO #5 AM MANGALORE,,,, PLEASE CONTACT MASJID IBRAHIM KHALEEL, NEAR STATE BANK MANGALORE.
Can anyone tell me, can i GET FREE COPIES of this BOOK?
There are many people without knowledge made enemy of ISLAM
There are many people without knowledge HATE ISLAM
There are many people without knowledge fall trap to enemies of ISLAM
What is ISLAM?
IS ISLAM encouraging Terrorism?
IS ISLAM enemy of other RELIGION?
Does MUSLIMS hate HINDUS?
An intelligent person will try to KNOW the reality and will not accept whatever is said in the MEDIA... It is easy for ENEMIES to SPREAD LIES & FOOL, when the PUBLIC accept whatever said to them... & not VERIFYING.
We MUSLIMS believe that QURAN is word of OUR CREATOR ALLAH, and his MESSAGE to all of his CREATION including NON MUSLIMS ... IT is YOUR choice to READ it, PONDER it, if not satisfied MAKE a research of it... If YOU still dont believe what is said in QURAN ... it upto U .. there is NO FORCE on YOU by the RELIGION of TRUTH, the only religion accepted by the CREATOR of all that exists.
THINK & PONDER.... Dont stay IDLE ...
Well said Mr. Abu Thabish, KSA.
Dear Karnataka Salafi Movement Concern,
Plz advise the Salafies translated Quran with Kannada meaning version in android Play store. Presently I am using Divya Quran by Shanti Prakashana.
Salaam
Masha Alaah...
Dear IFF, KCF Brothers
This is what we call Deeni Program. Helping the Society to achieve the Goal for Life after Death.
See the Beard See the Pant (Above the Ankle) This is the Actual Uniform of Islam.
Do not waste your Precious time..Learn Islaam before its too LATE.
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