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
He earned lot of money through spreading false news. After getting lot of money. now he decided to start his own to suck BJP.
I think the center has given him the cooked story to prepare himself before the Bhopal fake encounter case to bohw bohw on the news-hour....thats y he resigns it seems....now he knows the real fact of the feku......Allah will give him Hidaya...
Who ever speaks for Mr .Modi will get XYZ Security. Soon Anupum Kher will also get same facility.Ordinary People work hard and pay TAX. But our Modi Govt uses for all these useless people's Security.
India is Growing India is Shining.
LET HIM GO... WHO WANTS TO KNOW THE REASON... I DON'T.... AND PLZ TAKE AWAY HIS GOVT SECURITY... DONT WASTE OUR TAX MONEY ON SUCH PEOPLE ..............
Finally coward has resigned. Great news for our country's peace and prosperity.
Surely his bad time is nearing, AWASANA KALADALLY VIPAREETA BUDDI
He will start reading news in Khaki chaddi now
Definitely some thing worst expected from this fellow. Might be joined with some anti nation communal group. Other than that nothing nation will expect.
God save our media and the nation.
Jai Hind
Wasting Tax payers money on useless reporter's security.
He will start new channel. RSS now
He will start Patanjali Times with Baba Ramdev.
He is going to make a new news channel with Modi ....Fakes Now.....
Or next Modis spokesperson.....sure....
May be he read the QURAN and understood the REALITY on how EVILs in this world trap people by spilling out venom & by twisting the real FACT.
Arnab goswami where are. You? Nation is worried
When are you coming back
Arnab please come back soon... People are asking \itna sannata kyu hai bhai!!!\". I have not been able to focus at work, getting irritated quickly, not able to eat my dinner, getting sleepless nights.., please come back and tell the nation that you are not dumping all of us!!!
Your viewer from New York!"
MOHAN BHAGAT IS WAITING WITH HIS ARMS OPEN.
Thank god... Finally an end to noise pollution, after Diwali.
Peaceful new year ahead
thank God. Now Indian Journalism is saved from disaster . Work of journalist is to preach truth not to bark and fire in air
The viewers will miss his famous style of questioning the guest panelists: THE NATION WANTS TO KNOW!!!!!!!!
We miss your News hour . Waiting to see you launch a global channel.
He will start a new channel: Name will be TIMES BOW WOW
Crazy man!
Modi would take him in his cabinet.....cant say....\Birds of feather flock together\""
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