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
The biggest weapon of RSS is spreading lies and hatred. Who can stop that N Bomb?
Oh this big mouth minister from Left, I being a person from Kerala really know truth. CPIM uses their offices and politcians house to store arms. CM Vijayan and this fellow wanted to have special darshan tickets in Sabarimala and when it was shot down.... all this stories
Raid all mosques, churches and temples and check for arms
Bamboo Sticks/ Lathis are not Weapons. Donot get Bogged down. They cannot use weapons to hurt. They just open their mouth and shout
Time for Hindus to take back Kerala and Kashmir.
Chief Minister should order police raids on these arm stores and recover the arms, and install CCTV cameras to monitor the activities round the clock. CM needs to substantiate his allegations with proof. I fully agree with his view that no religious ceremony should take place during any official function, it has no place in secular democracy. Our constitution gives every citizen right to practice religion of his or her choice freely but not at state level. State has no religion.
Here is a Minister for Temples Administration. He defines a temple as a centre for traditions and beliefs. Sorry Comrade , a temple is a place for worship of God. If it is only a place of tradition and faith, there is the danger of it being appropriated by the communist Party, which has both tradition and faith. No temple in Kerala will allow storing of weapons within, may be in its offices or quarters of staff. Is it a plan for the commies to violate the sanctity of the temples?
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