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
Scientifically Urine is 100% bad for the human bodies, Either u used as a medicine or adding in to medicine whatever..
if u speaking Philosophically then u r not a true religion follower, must testify you b4 getting in to the point.
now a days half of the Political knowledge & piece of religious knowledge are big dangerous in the world.
Without knowledge pls don't go to implement about any kind of things one day it will effect you.
If ur Politician go thru Constitution, if ur talking Religiously then be careful !... about your deeds.
Shit and piss lovers...... jai ho....
All human beings has to realize what is bad & prohibited for human bodies in order to be healthy.
are you mad ? is cow urine pure water ? you never understand which are good and bad things for human bodies, unless u study about the common terms of the religions.
these are the basic requirements to all human beings in the essence of true religion.
1. You Should Worship One True God (creator)
2. You need to know which is Life manual for the human beings &
3. Who bring that manual & taught how to lead a life successful.
Even by mistake step on to cow urine have to clean immediately with Dettol soap because it contains lots of germs, forget about drink...its really bullshit
Why should we use this brand PATANJALI,
What is the guarantee he does not use urine when he is using it in other products.
Muslims should boycott such products. Produce your own product which can be useful to all communities.
Yes, it is dirty...do not touch and smell it....forget about using...you cannot smell it....
Urine is waste of our body which God has made a system to remove bad things from our body... And U stupid guys want to drink it... clearly evils acts to follow its way of eating waste
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