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.
In a written reply, Minister of State for Home, Hansraj Ahir, informed the Lok Sabha on Tuesday that some media reports indicated that some known terrorists have reportedly been inspired by Dr Naik. However, investigations so far in this regard could not find any evidence against the internationally acclaimed orator.
Comments
My dear Venki...I say that both are not same as u said.. Do u know why?
1. Sadhivi Prachi always gives her hate speech. Like kill them kick them out of India.. Salman khan amir khan.. oh khan yeh khan.. many more as u know...
2. Zakir naik says Islam is pure rest others are not a true.. He doesnt says throw, kick, kill etc etc.. If you have any doubts you check from google bhayya and make it clear.. so dont compare lion and dogs! Lion is lion and dogs are always dogs it will never become lion :D
Zakeer Naik has more Fans - Hindus, Christians than Muslims.
His Fans are mostly highly educated, intellectuals.
He never advocates hatreds, animosities. He says truth which are wrongly practiced not following their own respective scripts like Veda, Geethas.
His knowledge in Hindu scripts are more than any common Swamees, pandiths.
Dear venki,
Your statement shows how much innocent you are. How you can compare prachi with Zakir? Did Zakir hate any religion? he is comapring the religions. He is showing what is in hindu scripts mentioned and what you are practising. Example, in vedas it clearly mention that idol worship should not be done. How many of us worshipping Idol? Did Prachi talk about Veda any time? If you listen her speeches it is spitting venom.
He has working, serving the people even with his all wealth, without seeking any personnel benefit. He has been doing it at least last 30-35years as I know it.
It would have not taken this much time to find any irregular activity if he has been committing such.
If does not need much time to know any anti social activity.
He is very much openly operating his activities obeying all the norms.
He is more popular in Europe and US, other countries than in India.
For some people it is very much difficult to digest his popularity and his fair activities.
Unfortunately those Sanghi brothern or Sanghi sympathizers can understand that he is rescuing them from their unknown mistakes.
Whatever he is doing he is not seeking any worldly benefit.
He has a strong faith in God, his sincere efforts will be rewarded in the other permanent life (which will be after death).
Really every Indian should thank God Almighty for bestowing such sincere person.
May God help us to understand truth and Guide us.
Modi's U turn....
TRUTH PREVAILS AND FALSE WILL PERISH...ALHAMDULILLAH
ZAKIR NAIK BECOMES MORE POPULAR....IN'SHA ALLAH
CHADDIGALIGE BURNOOL BAGYA
It is UNIVERSAL truth that he is innocent and just focusing on ISLAM. May almighty bless with you good always.
It is really good news for Zakir Naik and his followers, I was sure he will come up clean as I follow him last 20 years he always support teaching of Allah and Hadees and prophet's teaching. He never criticize other religion but compares to Islam whenever there was Q&A session anybody asks the question. He respect other religion.
Best of luck ZN and continue your good work.
Where are the saffron mfs who were barking and somebody please shit in mouth......
what is the fate of that Lunatic and his associates who have been shouting from the rooftop 24x7.? Is his Time Now come to an END?
Whenever a genuine Muslim targeted almighty Allah saved them, this is enough to realize a mankind that Allah is only a creator of everything nothing else. So everybody should say in one word that \Allah Hu Akbar, La ilaha Illalah\""
Add new comment