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.
The sleuths of the Bureau of Immigration caught Ismaeel Asif, a resident of Kanyana, Mandiyooru in Bantwal taluk, soon after he landed at the Airport on Wednesday, and handed him over to Vittla police.
Comments
well done police department and migration dept. good job. its easy for them to do the crime and going to abroad to close the matters.
dog , mew mew.
Bastard
they can do whatever they want, all crime should be forgivable.
what this man makes to beat wife like this, why are they getting married then? this people should be punished maximum. that other husband should be scared to do this crime.
put him behind bar for a lifetime.
he thought he can escape easily in the hands of mangaluru police, but in this case police has shown their capability.
Mangalore police the king of good times.
wow wonderful job by immigration dept along with d.k police dept.
guilty must be punished, he should be jailed for atleast 10years.
well done police, punish him.
well done police department. really appreciable,
There are many such people sitting in gulf after torturing their wives and robbing their families. need to catch all of them.
number of wife beating cases still not reducing despite wide spread awareness. Man is becoming inhuman.
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