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
99% Muslims over all do all haram business.... Monarch is prohibited.. still saudi has monarchism ..... Idol worship is haram... u will find highest darga in India...... Interest is haram... 90% of bank borrowers and lenders are muslims..... highest default and interest payers in bank are muslims ... are Muslims..... ... my dear brothers before saying haram and halal.. first lets be perfect and then talk about haram and halal.....
#ummar,
Idol worshiping is forbidden in Islam, to support it or fecilitate it by any of the way is forbidden or it is like supporting idolatery,,,
Regarding your examples, prayer by Khalifa Umer or any muslim , at any place of clean is allowed , if there is no any idolatery supported images or any articles....and same way in islam , it is forbidden to harm any non muslim worshiping places...as mentioned by your second example...
This is surely Interest money, Bank Interest is Haram in Islam, Many Muslims have disputed land in their posses. these land either they have to give on charity or live for the Govt. So better to give to Ram Temple since Ram temple is very less in our country comparing to Snake temple and Monkey temple...Useless Muslims who did this all of them reserved places in hell surely Almighty Allah will punish them severely Insha Allah...!!!
NA TASYA PRATIMA ASTI... For Sure it means there is no image of GOD.
Ram is a HUMAN and Human has a picture. And U go against the VEDAS.
I think this guy want to deviate the locals & himself far from the TRUE GOD, who says God forgives every SIN except associating PARTNERs with him.
May ALLAH protect us from associating PARTNER with him knowingly & unknowingly.
@pleasant ..
U cannot says suddenly that shirk bec we have example here
some Christian community came to Makkha to meet our prophet saw wen they came they asked the place to pray ... Rasool saw arranged and gave them the plac
They are doing shirk. This is very bad manner.
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