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.
As per new rules consumers can take one hand bag, weighing seven (economy class) or 10 kg (business class), a laptop bag. Women can carry a purse as well without any charge. Anything beyond this will be charged at Rs 900.
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They should also add Cow Tax like Rajasthan?
ACCORDING TO AIRLINES THIS IS NOT FOR REVENUE GENERATION. THEN THIS MONEY WILL GO TO WHOM? WHO WILL UTILIZE THIS AMOUNT.?
JAI HOOOOO
This is SOOFI story
Soofi helida xxxxx vishaya
first of all let them correct the delivery of check in baggage on time . my trip to mangalore on 6 jul on eid day flight no 9w 501horrible . after finishing imigration formalities it was surprised to hear that pax luggage not available on belt and after few hours 9w staff informed us no more baggage is today's flight, come and collect in the next flight next day it was all my eid day items from clothing to sweets and bottled juices next when i went to collect my baggage it was fully broken and spoiled. when i complained to 9w staff she said sorry sir........now this drama
Good move....... to make the journey comfort..... If the Passengers have excess baggage, they can use cargo facilities.... Just plan in advance, and dispatch the cargo well before departure, and make ones and others travel enjoyable ..
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