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
No need to point thier members, they all are the wings fo desh drohi RSS. In Karnataka all will epxerinece their
communal and hate speeches only for vote bank. They might think by the name of cunning religion and caste polcy they will succeed to devide our Great country. In INDIA normal citizens will never accept RSS groups policy to accept their upper caste and lower caste Hindu policy and targeting other religion.
Rest of the Nations are living peacefully with all religion why can't we .
India is the only country in the World fight against dirty british invader with Non Voilance. For that we all to salute the great man Mahthma Gandhi. RSS criminals never supported or they parcitipated during nation freedom strugle with dirty britishers. Now they are looking to devide our Nation but never, hence we all have to stand together ; be unite to save our NATION form these evils. Then no time very shorlty their organization and their criminal institutions will be vanished from all corners of NDIA.
Jai Hind! Jai Karnataka !
These disgraceful caste based un secular Muslim appeasing Sid Ra Miya of Conning-ress, is equating Bajrang Dal & RSS with some of the parties (A--i Na---al) which it sponsors, RSS has proved for many years that it is a party doing many social services, this cheap fellows will be in power for barely another 4 months
CM has problem in a mental stablity ot he is drunk should we call for ban for Congress Muslim party who looks for their votes
Sid RA Miya, Conning-ress, & Parakasha Rai/Raj are already Hob Nobbing with PFI, SDPI, & many similar organizations directly & clandestinely
@Mangalurean. Very few sane, Hindus, have such guts. Others all are chameleons..and turn color whenever get a better chance.
I wish, he was not in Congress, which helped RSS grow into such a giant organization and now a school of teaching hatred to innocent common Hindus.
Salute. Many common Hindus feel the same way, unless they are in politics.
So the President, Vise-President and the Prime minister are terrorists? India is a terrorist country now then. This idiot will be shown his place in the next election.
BIG sallute to Siddaramaih!!
HE the CM of Karnataka has guts to speak the truth of hidden Agendas of against our nation as well Karnataka...!
in fact who killed the BOMBAY POLICE CHEIF of Mumbai, its RSS becouse very soon he wanted to open mouth of big shots who are enjoing the government protocol and security today..
Almost all leaders and prominents in India are THUGS but some also TERRORISTS.
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