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
India need back to ballet revolution or face new constitution in future. EVM votes for modi on all states.
Cong. Govt was very good and fulfilled all the promises, good in administration and Overall development and one of the top most Govt in India, and list goes. but still BJP win the election in spite of corrupt leaders, hate mongers and looters. How it is possible?
What is the Reason? Unknown? Think of it. there is no Anti Cong. Ale, in karnataka
There is no any major complaint against rulers during periods. one of the best performed govt.
It is very difficult to think that people of karnataka is not ignorant and hate mongers
If we analyse the Reasons may be
1) People may not concern about Janakeeya govt and development work
2)EVM magic may be?
it is not possible to prove EVM tampering because it is highly technical and Election commission and all its engineers may be fully controlled by Sangh Parivar. so there is no value for complaint.
To whom we complaint?
It could be hidden agenda to rule India and its state through EVM. even supreme court and justice is loosing its value. Democracy is almost in end stage
There is a lesson to think. Analyse....
Think......think.......think...... think
Find out the reason......
No doubt it is EVM tampering...
EVM bluetooth hack played major role in Karnataka election... no people in the world will vote for corrupt party man..this is kill of democracy & raise of evil in india ...this will only end if indian involve in war or people revelotion against government...now more midclass people will soon become poor..no job..no development..no peace...no justice...most important save your daughter from evil people of BJP...
Anti Hindu Government Kicked out. This is what happens if you seek votes only from minority.
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