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
Police busy in protecting cows.....
Saudi Arabia is the peaceful country than Our India. Why?
Because Islamic rule is there.
Exactly jeevan ...they are taught to slit the throat in the name of festival .so their No's are always high in slitting the throat of nation ( anti national activities )...soon. It will back fire ..and also back firing ....Israel showed the model ...Myanmar replicated ....now Americans duplicating it ...we Indians who are proud to say bharat mata ki jai must follow Israelis ...nobody shoeing sympathy for pellet gun attack except sicular and ummah gang ...it shows everything
@jeevan...
My dear we are doing animal slaughter to eat only....
You are also doing human slaughter even today killing women and children and sacrificing for maa kaali and other gods...correct your wrong number first...cow slaughter or eating wa
@ Jeevan # 9
We can say in other words,
Animals are valued over human.
Like you is nt it faizhal Bhai ......haha...enree innu Dana kadilikke hogilva ?
It is now proved that Islamic state ordering killings in Karnataka as they get free hand in khangrace govt ...proud billava youth died becoz of Islamic millitants ....rip charan ....chutiya log ..if they have guts they shud face directly ...not infront of kid ...
Take his wife and auto driver in police custody, truth may come out in a day.
These buggers should never get married.... understand naren and viren
when bajaragdal member killed by some pfi or kfd activists he will became rowdy sheeter. if anything happens ulta, in headline bajrangdal name will pop up
for animal slaughterers its easy to slaughter humans also.
his sin will follow him.
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