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
This is a advance education era. Most of the grown up childrens are well capabe to understand what is good what us bad. What is God's Creation and what is not. In our Inpendence country every one have right to choose their choice.
Orthere no need to interfere or they have right to do any forcefull act fo
Convert the rest or to do forcefull Ghar Wapsi.
Trust street mongers will stop these non sense activity.
Some one faught with his father n left home. Some mentally group's trying to create communal tension in South Kanara surroundings.
State Govt n dept must take strict action n send them behind bar for at least 6 months period is the only right remedy.
Jai Hind
bjp has no other issue and that is the reason they take up converion issue. Its cleared by Police Dept that no case of forced conversion taken place in Suliya. Based on this, Police should ban hate mongers from giving any speech and ban these terrorist organisations.
More & More people converted to Islam in USA & Britain so that they can create another Afaghanistan & Syria
Bopanna...
I feel you need more education on God... U look dumb when u dont study about your enemies.. Dont just depend on cheddis fed info on islam...
Use your own intellect and read your enemies book The QURAn...
I will help U ... read online theQuranProject , well explained for people like you... Try it man.
Another pillar of Islam
1. Bombs
@Sangeeth, Mangalore
Yes! they converted because of listening to zakir naik's speeches. Because he speak the truth. and they liked the truth.
Entire Karnataka incluidng Dakshina Kannada is crying for drinking water. But these shakunis are worried about religious conversions.
I want to ask the bunch of jokers in this forum - Viren, Yogesh & Sangeeth
Your voice speaks that you are really worried of growing popularity of Islam
Why do you think people are forcibly converted? Are they illiterates ?
You will agree to the fact that in this modern age, each product has its own USP and just imagine why there are more Airtel subscribers in the country compared to other telecom providers ?
Are the customers compelled to subscribe for their product ? In this age, every individual are smart enough to decide which one suites him.
So it is foolish to tell people are being converted forcibly
Yogesh...how innocent Hindus became chaddis...this is mind wash from terrorist group RSS
@Yogesh
UK's No 1 News channel
http://www.dailymail.co.uk/news/article-1343954/100-000-Islam-converts-…
@Yogesh proof for yogesh
http://www.dailymail.co.uk/news/article-1343954/100-000-Islam-converts-…
http://www.ibtimes.com/muslims-america-more-latinos-converting-islam-us…
CELEBRITIES WHO CONVERTED TO ISLAM, SO MANY
https://en.wikipedia.org/wiki/List_of_converts_to_Islam
And whoever seeks a religion other than Islam, it will never be accepted of him) ?3:85?.
In this Ayah ?3:19?, Allah said, asserting that the only religion accepted with Him is Islam,
No other religion book says. We dont benifit by converting u people, u are getting benifitted.
At the end of the day, those who doesnt follow and practice islam. He will be the loser.
More educated person is converting to islam than non educated ones.
Highest people are converting islam is from britain and america. There is no pint of force converting.
After 9/11 to prove quran wrong. many started to studing quran, they found that it is the true peace religion. And the terrorists are doing anti islamic. Against islam. So many people converted stil now people are converting.
Many big celebrities like mohammed ali, tyson, tony blairs sister are all converted to islam
please note that hindus converting to islam because of some hate speeches made by hindu leaders like kalladka
@VIren
U should Thank Arabs, the word Hindu is given by Arabs.
The actual Religion is named as Sanathan Dharm. Which nobody Follows.
@viren
How Hindu Population is Increasing, Show me a single Person who converted from Islam to Hindu.
i think u r just telling Opposite,
Plz Check, Ur family Members might have converted to Islam.
Police should arrest all PFI goons , hindu population is increasing day by day and PFI aware about it
Just say in ur heart, La ilaaha illalla Muhammed arra Soorula, u Have passed first stage of islam. No body can stop it.
This is the power of islam.
The Five Pillars consist of:
Shahadah: sincerely reciting the Muslim profession of faith.
Salat: performing ritual prayers in the proper way five times each day.
Zakat: paying an alms (or charity) tax to benefit the poor and the needy.
Sawm: fasting during the month of Ramadan.
Hajj: pilgrimage to Makkah.
No other religion book says so.
Hindus make idols, But i think, the man who makes the idol. is greater than idol.
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