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
RIP. very sad and shocking incident. He was not a trouble monger like Bajrangis. Miscreants attacked him only with the intention of creating communal riot.
@ # 1
You mean to say, RSS terrorist will eliminated from our land very shortly?
There could be hand from this group in this murder. This case has to to investigated thoroughly without bias and bring the accused and conspirator in to justice
When hindus are murdered BJP RSS shed crocodile tears by holding protest and infact they rejoice as they can take political mileage
And congi is no saint. Why allow to hold protest when there is section144.
BJP preaches about patriotism nationalism obey law of land bla bla..and they are making mockery of law
Police shud file case for insulting law
Yes Naren, anti nationals like Bharat murderer of Ashraf need to be eliminated .. Agree totally with you ..
Let police and law decide who killed rathee than u .
Look at the case of Kartik Raj murder , all fanatics like you and other jama chaddis told it was done by muslims only to find out later who did that ..
Justice prevails , but assholes like Bharat and all his associates and his idols need to be hanged
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