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
Sure he will pay for such barbaric henious act, just a matter of wait and watch.
Retaliate kill him and supportng RSS leader in same manner.
Uncultured barbarian act...!! Culprit should be hanged in order to put end to these ruthless act.
Shourya diwas part 2 by VHP? India is becoming famous in negative sense day by day, all credit to right extremist hindu groups!
Give them more power, we will become next Taliban, Nazi!!!
That whole area of Indian subcontinent (India, Pakistan, Bangladesh, Sri Lanka etc) is still pretty much brutally primitive. Not only that they have not achieved much in materialistic standards in seven decades of independance but in terms of behavior also, the people on the ubcontinent have remained to be quite primitive !
RSS should be happy today, as one of their cadre has done them proud. RSS has made animals out of humans. This is what RSS wants in India. Great. Bharat Mata ki Ja
Love jihad is a very dangerous practice which is now spreading in whole of India. Though the murder of a lab on the name of love jihad in Rajasthan can not be justified but those responsible for this practice must be identified and sent in jail with exemplary punishment.
Check the original video. The cries of the poor helpless man are still haunting me. How can somebody be so ruthless? Comparing this scumbag to an animal is an insult to whole of animals. As lynching was a common phenomenon by the so-called fully tolerant, totally peace loving Hindus, I felt perhaps it should be the work of few uncivilized religious bigots. Now I wonder the difference between Hindus and the other peace loving religion. If Hindus have muscle power, money power, position and the required resources, they can be one of worst sects or an ideal competitor for the other peace loving religion in this world.
@Bhageeraha Bhaira,
What you said is applicable to all. Many so called "peace lovers" killed poor peopel.
Many Hindus got killed by muslim terrorists. Then no news.
Mr Kumar! Killing is not intolerance. This is terrorism. The word ‘Intolerance’ can be used if someone doesn’t tolerate the smell of your body.
Intolerance... Attack on muslims increasing
Shocking incident
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