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
just sentence him to death.. this kind of morons are evil for society. he was earning handsome salary of 40k+ riyals and braking against muslims/islam. if he work in india as engineer he wont get even10k indian rupees. whoever do this kind of hatred againt other religion whether muslim, hindu or christian he deserve death only.
Its every one's duty to respect the laws of the country where we live. Being expatriate in Saudi Arabia we should be more careful on the issue. You might be follower of enemies of islam in India, but you cannot do it in Saudi Arabia or Gulf countries. You mihgt have been brainwashed in india but anti national and anti muslim political parties, who are trying to make use of you to spread hate among different communities for their political benefit. At last you will be the one to suffer. No political for whom you are working will not come to support you and they will say you are not related to their party and there is no connection between you and the party. dont get fooled by these hate political parties. I am sorry for the fate of this unfortunate person and hope he will be freed at the earliest possible. This is good lesson for all hate mongers in Saudi Arabia. Dont bring your dirty politics to saudi arab ia. People from all religion are living peacefully here. They eat together and live together as one family.
Maron is arrested, let him learn his mistake for his hatrate,
indian political people make innocent people to reach and this is what the end result but the political people are living happly with all facility only ch**tya citizen of india is fooled all time.
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