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
It is pre-planned murder,,,tmrw musthafa is to be released from jail
Those who r congratulating for the murder, please go and do it by yourself and feel proud. No... you cant do and u will never do it bcoz it will spoil ur future and your family.
Yererna ammana mage jaild kuriyinda kuriyad nank daane atthe.
Be a human first
Some ppl r happy for the above news..Now kiran will meet d same fate by someone else.
Its easy to type and comment congratulating kiran, but saddna tho kiran ko hai.
Kiran wait for your turn...
This is expected.........Accused considered as culprit.......
In reality culprit ruling the nation...........
falsehood bound to persish.truth prevails.....
For a Mumin if die in the cause of Truth or win both same..... both considered as victory
Indeed great news ... tax payer money saved ,billawa youth prashanth pujari atmakke shanthi sikthu ... good job kiran ... terrorists and criminals must meet the same fate ...
Inna Lillahi wa inna ilaihi rajioon
God is great, he dispensed justice inside the jail.
60% Cops are to be considered as terrorist.
Strange, encounter in jail.......Muslims have to suffer everywhere in the name of terrorism.....
Strange, How the criminals get lethal weapons in the Jail????
why the jail is providing them entertainment channel, So, this is the reason people do not hesitate to commit crime. Because they are getting everything in the Jail and leading a lavish lives over there.
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