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.
The attack took place at KSRTC bus stand in Madikeri on Monday night. The next day a case was registered at the police station in Sullia from where Mohammed Anees and the Hindu girl had boarded the bus.
Comments
Vinasha kaale vipareeta buddi......
These uncultured porkis make their earnings through wrong doings for petty cash and liquor thrown by people from kalladka and pumpwell
These porkis are not doing in love with their community or to protect hindu sisters, when so many of them are being exploited sexually daily by their own brothers.
They have only hatred towards Muslims Christians and Dalits. Bcos they envy empowerment of minorites and backward class
What about their girls sharing their rooms in gulf country.
Ref: Viren......we have KFD Bros...still you taste of KFD
He has to convert her first and only then he can marry her....
Bus conductor and Madikeri depot personnel didn't act as per law. Under such circumstances, bus is required to be diverted to nearby police station in the interest of bus and safety of passengers. Conductor didn't consider safety of passengers and property over reaching destination.
Wondering what kind of training the KSRTC management gives to conductors and drivers. Government and KSRTC should think of it.
send them to LOC
Book these anti social and anti national terrorists under goonda act and put them behind bars for not less than 10 years. This is due to the hate speech by hate nmonger Kalla bhatta. He should be arrested and banned from all activities. Let him be a dummy in his home. Dont let him participate in any activity.
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