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
Whatever you do, shout, cry, Islam is the fastest growing religion not only in India, also in the whole world.
Only learned and educated people know about Islam.
corrupt brains talk like this so called sadhvi.
Even a 5 year old boys and girls can understand that there is no Beja (intellect) in them... How come the adult elect such kind of Leaders who bring their intellect to compare with the Monkey... Sometimes monkey show how intelligent they are...
She looks like came from BUDWARPET of Pune....anyway she use to give controversial statements for publicity stunt but she can be well known as an prostitute for adithyanath & others but not anything else....
Bondu ijjandina marl ponjo..... now i laugh to this type of idiotic statements this people dont know that islam will be alive till this earth exists........pity on u uncultured people
We need people like (Trump,Sadvi,Thogadia,Batta,) etc...who really advertise ISLAM.
Their Anger,Aggressiveness,Fear about Islam is clearly shown to the World.
After all what can a Creation do in front of their Creator (Almighty Allah)
We can just help you by Praying to Almighty Allah may to shower his blessings on you people .Ameen.
Its difficult because many non-muslims born to muslim fathers. Only their mother can tell their real fathers.
RSS should conduct DNA test, i hope they will find 99% DNA belongs to MUSLIM LEADERS.
1000 SAAL HAIYAASHI KA NATHIJA HAIN
She looks like road side beggar begging for food...who is she?? look at her.. yuck!!
Dear Prachiji,
good idea. 1.But first of stop buying gas, petrol, diesel from these countries. For that you need to research on cow urine to use as alternative or need to start pushpak viman,as always our PM says, Planes are the ideas from Puransas. 2.Stop exporting to these countries. 3. Bring back all the Indians working in these countries. Let us see how it will work. Do you have the plan to do this? 4. call back External PM or boycott him for visiting muslim countries begging for investment.Simply giving the communal statement and enjoying with the wealth of these people is not good for your health. people are realizing their mistake by voting your party.
India should be free from Sadhus and Sadhvis and should be sent to Singapore to share / taste snake and beef dishes with Naren
This is what BJPians foul mouth has to utter when PM is roaming around the word visiting Muslims countries and Christian countries begging them to invest in India. Poor people does not have any Hindu country to visit other than Nepal. They want Petrol from Muslim countries, they want investments from Muslim countries, they want Beef order from Muslim countries. But, they don't want Indians to live in India.
BJP is a party of such radical communals. They are not even aware that if they harm 1, 10 will be harmed by Creator, harm 2000 then 20000 will be harmed by Creator. Creator is the best planner. Do not forget natural disasters where 1000s perished.
Bap ray Bap wa Wa Parchi Deddi you better Tie with Our Gangasara \Narain\"he intends same stupid thinking, mainly you Saffron Criminal goonda Looter leader your mind is very short, Your Dream is very high but If you want leave in this Country your thinking stupidity's you Deedi never and ever get peace always in Hell of life, you Understand First, Vanishing others you might Vanish First remember this world is far away from your thinking, you thought your Cheela go America kneel down to US President, you can dream anything for long/ way distance but do not happy days, You Buffoon's definitely get your own day one or other day Parchi."
This only dream......in future it will be vice versa
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