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
Dear media
why you doesn't mention hindu terrorists because he is not a Muslim name r8
BJP is lost in its arrogance
What you cultivate that you harvest. BJP may lose all assembly elections in future including LS. Let them be an arrogant tusker for few more days
Where is NIA?
Naren, when are u coming back to India, to place the meat bag in the Nagabana and to start a riot..... we are missing Mutalik, so you should fill his vacancy.....
Viren ...if it's a bajrangi victim....if minority then terrorist.....please clean your brain with water....not go moorhra....you may change your mindset
Haha there is no shortage for babu bajrangrees in India who are ultra nationalists ....today we might have tears ...but table will turn towards Islamic millitants for sure ...
This is what happens, they do but minorities are labelled as traitors
NAREN LOST HIS TWO BROTHERS....! STILL WE FEEL PITY...
Natasha....well said... God bless you .... May Almighty show us the way of humanity....... In your list of allegations, just add one more point.....Place the meat bag in Naga Bana and blame the Minorities.....this is what happened in Bhatkal recently....
VIREN..........Yes He is victim of Terrorism because he is scape goat in RSS terror Game ....same like Praveen /Prashanth poojary
@Viren, exactly you are right.. and also the cow killed Prashanth Poojary.. simply media blaming Banjrang Daakus and VH Saddists as murderers. Dont be blind in religion that you cannot make what is right from wrong
Wa Makaru wa Makara Allah wa’Allahu Khairul Makereen’ (Quran: Surah Aali Imran 3:54) 'They planned and Allah planned and Allah is the best of planners’.
our country is marching towards VINASH because of these Hindutva Aatankies (BJP, RSS, VHP, Shiv Sena, Ram Sena, Gay Rakshak etc.) They are treating all non Hindus as their slaves (Dalits, Chiristens & Muslims) & the governing BJP & MP Mr. Mozi are giving them full support. Gujarat under Mr.Mozi in past was same against Muslim.They are playing dirty politics.
Suno na Cheddi marmar...
ki yeh dhamake
Kuch bhi nahi hai...
aage tumhaare
Aaj se chappal pe mere...
raaj tumhaara....
Cheddi tumhara
What a great news. After Udupi incident, this news will surely cause at least a mild heart attack for the party of thugs.
Thank you God for averting a terror attack and punishing terrorist
Ethics of journalism is murdered here. Deekshit is a victim. not terrorist. Kannur is a place where PFI had organised terror camp years ago. Central government must intervene and expose the reality.
You traffic cows
You make bombs
You hoist Pak flag in India
You raise anti national slogans
You kill innocents
Then why the f*** you put the blame on Muslims???
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