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
"If you cant Convince them, then confuse them."
This is what these Yogi, Yedyurappa and Shoba doing nowadays. they cant convince people on their good works to society so plan B is to confuse the people by shouting day and night blaming and hate speech. I wish the public understood these peoples dirty minds and thrown them to a planet where they can find their match. And never to return so we can live a happy life.
Ms Shoba,
You want to be remineded that how our PM had not only misused but also made fun of government machinaries during gujarat election rallies. Do you have a little shame on talking on this issue.
This HARAKU BAI Shobakka a perfect ally of KOLAKU BAI Eiswarappa, ready to set Karnataka on Fire for Chair. What a dirty politics!!
The cow always looking another cows -------- and laugh i/o of covering own ----- . This lady with same policy
no interest about development and good governance only stick with her nagpur HQ command for communal clash.
SHOBAKKA WHAT ABOUT THE FEKU'S INTERNATIONAL TOUR MONEY
Dear Sobakka,Reimburse money spent on PARIVARTAN YATRA and Feku's rallies.
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