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
Some cases people do not know how pakistan flag looks and Islamic flag ... just see green colour and assume pakistan flag... last time SRS member hosted pakistan flag not islamic one..
pakistani flag nowhere near to islamic flag. Green is not islamic flag
What a comment from Master Blaster Ganeshanna are you Citizen of Hindustan? A flag issue you are sending a Indian Citizen to pakistan is it Fair.. YOU biggest buffoon's doing to our Great Hindustan !!!!!!
What you thought about Hindustan, we are proud ourselves like Peanut we do not care Anna, Gangasara makes things very difficult!!!!!!
Jai Hoo Hindustan.
By the way where we can send this Rama Sene for hoisting pakistan flag? Please suggest a country @ Truth Mangalore, Ganesh, Unknown.. Please suggest them a country too,
Many readers here are suggest to arrest the youth and kick him out to Pakistan for hoisting Pak flag (not yet confirmed). However, they are hiding to tell the truth about hoisting Pak flag by SRS terrorists. Instead of asking the culprits to punish, they had supported these goondas. This was done only to blame minorities. In the particular case also i doubt that it was fabricated by sangh parivar. This should be investigated and the person should be punished in case he really hoisted pak flag. However, please make is clear that he is not mentally sick.
enquire about the person who is behind and put him behind the bars....what about the pakistani flag hosted by sri rama sene member before ?????????????? where we need to send him.
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