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
No words to speak after hearing the sad demise my favorate Mr. P.C.M. Kunhi. I met him last year in the month of April 2015 on my vacation in a programme. He spoke to me and asked about my wishes. Great Educationist, Academist, Philanthropist and wise man.
Helping hand for poor. I was with him in Yenepoya Dental College at Zulekha Complex, Bunder.
May Allah bestow him Jannathul Firdouse and Give him a cool and heavenly life in Barzak.
Aameen Ya Rabbul Aalameen..
Innaa Lillahi Wa Innaa llaihi Raajivoon. May the departed soul rest in peace. May Allah accept all his good deeds and forgive the sins. May Allah bless him with Jannah. May Allah give sabr ( patience ) to the grieved family to bear the loss of their dear one.
Heartfelt condolences.
our deepest condolences to the family members of pc kunhi,
we pray with almighty Allah give patience and strength to the nearest and dearest of all his family members, this is a great loss to all of us, once again we pray for the magfirah of departed soul of kind and soft man. Ameen
to Allah we belong and to Him is our return
our heartfelt condolences to the family members of pc kunhi . may Allah give patience, strength to all his nearest and dearest, the great loss of our family, my deepest condolence to all of them,
we once again pray with almighty for the maghfirah of departed soul of kind and soft man, ameen
Please accept our deepest condolences, \to Allah we belong and to Him is our return\""
Inna Lillahi wa Inna Ilahi Rajiwoon. Very sad and shocking news. We are with the aggrieved family
Inna Lillahi wa Inna Ilaihi Rajioon. May Allah grant him jannah. Indeed he was a great motivator. Hope his son Hashir will fulfill dreams of his father.
A great loss to the community and society. He was a role model for many. Despite his ill health he continued to fulfill his responsibilities.
Inna lillahi wa inna ilaihi raajioun. May Almighty Allah bestow with Jannathul Firdouse. A big loss to entire coastal muslims as well as for Islamic Academy of Education (Yenepoya University).
INNA LILLAHI WA INNA ILAIHI RAAJIOON.
The big loss for Muslim Community. He was the Correspondent of Badria College for decades.
May Almighty ALLAH bless him with Jannathul Firdous.
Inna Lillahi Wa inna ilaahi rajioon
The Great Academician, Educationist, Administrator,Philanthropist. the really big loss for the society, we wish him to take rebirth.
RIP, condolences to the family and loved ones.
RIP sir
wanaqalat shaqqana
unbelievable...really really hard to believe
Unbearable loss to the society “RIP”
Inna Lillahi Va Inna Ilaihi Raajivoon...
Inna Lillahi wa Inna Ilaihi Rajihoon. Allahummghfirlahoo warhamhoo whafu anhoo Yaa Rabbal Aalameen. May Almighty Allah bestow him with the Janathul Firdouse. ameen.
Inna lillahi wa inna ilayhi raji'un
inna lillahi wa inna ilaihi raajioun. we pray almighty allah to bless late.prof.p.c.m.kunhi, with his jannathul firdouse, aameen. our heartfelt condolences to the family members of prof.p.c.m.kunhi. may almighty allah give patience, strength and forbearance to all his family members to bear the brunt of bereavement. a soft spoken, well qualified civil engineer, educationist., academician and also an entrepreneur with humility. a very good footballer and a keen sportsman in his heydays. prof.p.c.m.kunhi, is closely known to us for the past 40+years., since his teaching days in krec-surathkal (now-nitk). particularly mangalore muslim community and others have lost a decent gentleman with high esteem. we once again pray with almighty allah for the maghfirah of the departed soul of this noble gentleman, aameen.
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