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
He is a rss feeded dog started bark again. No guts to earn by self confidence or by ability and now likcking desh drohi rss feet.
A shame and insult to mankind.
ask him how much money paid for the munaafiq. he is not muslim ,that is why barking .
If i speak logic, i would say suspend these stupid publicity stunt-men
Dear Reshma, i am sorry to learn that you are following this rotten egg. He is a waste in our community and we have kicked out him. He is shoe lickers of sangh parivar and i am sorry to say that if you too like it go with him. He has no right to give this comment. Madrasas are not his father's property. By the way this waste Rizvi is kicked out by his community also and even his parents are ashamed of giving birth to such a rotten egg. This rotten egg Rizvi is follower of Devil and has no respect to any one including hiw own parents. If you still praise him, i think you better consult any Doctor.
do his statements are based on any reports, muslims may agree... ISIS idealogy spread not thru madrasa education but online education without any proper guidance of ulemas (knowledgable person with islamic scriptures). proper Madrasa education may eradicate ISIS idealogy... these soulless shia idealogues with the help of zeonists , capitalists and fascists , want to promote ISIS.. that is reason , they are demanding to shut down madrasa system.
Yogi's slave. We cant excpet more than this from him
Well said sir. Should shut all madrasas
Bitter Truth
This man seems to be good. He told the truth. Should shut down all madrasas. They are injecting unwanted education
The Ashram from wherre you learned should be shut first. Because you are the number one criminal, corrupted, communal terrorist.
This fool should be hanged for his illogic statements.
Who the hell this creature Rizvi to talk about Madrasas. Are Madrasas run by his Father's help. Bull shit. Let him go to hell. He is chappa licker of sangh parivar and appeasing central Govt by giving illogic, illegal and unworthy statements criticisign Muslims only to hide looting of crores of rupees from wakf board. He is a thug and looter. He is not a Muslim and has no right to talk about Madrasas. This hate monger should be dragged out to street and garlanded with old chappals and shoes. He is kicked by his own community for his cheating them. He is being funded by sangh parivar for his wrong doings and illegal activities. Police should dig out his past history and income.
Add new comment