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
Look at the Khazi,
I remember back in mid 2000 he was based in BC road or Bantwal somewhere....
MAY ALLAH GUIDE HIM TO THE RIGHT PATH OF ISLAM
Racing to narga.
Race to narga.
Foolish people.
Tussle for power and Money!
These Khazis and Thangals must focus on other issues of the community instead of wasting time in such stupid subjects, Dargha means business nothing else.
@Sini Mol.
It is permitted to enter women into masjid in Islam. In gulf countries there is a separate place devided in the masjid for women to pray. It is common in all the public places that provides women a separate place, like bus seat or in the a
when will Muslims abandon darga which has no place in Islam ?
Haha Fooolish People.. Let the wrath of Allah be on the Grave Worshipers who is not ready to accept the truth.
Allah Messenger (SAWS) you will indeed follow the way sof those you, hand span by hand span, and an arms length after another. Even if they enter the lizards hole,you will follow them. We (the sahaba) asked is it the jews and christians? He replyed who else!.
One more thing
Enklena boka niklena dever de difference ijji. Enkelna dever kulder...Niklena dever Jaider - Unknown
Please ponder!!
@Sini Mol,
For your kind information, Islam not at all prohibited women to enter Masjid. I can quote many hadith about this. Some of the Pseudo Muslims in our country opposing this. They are doing opposite what Islam says. E.g. Women are not allowed
Dear
Believers NEVER despairs, They already KNOW the FITNA (trials) of this ERA... and Most of the MUSLIMS never understand such FITNA unless they FIRMLY GRIP their FAITH in ALLAH. (They will never bow or ask with the dead or to get barakah from the GRAVEs)
BELIEVERS SOLELY believe & Depend on ALLAH alone.... ALLAH is enough for them. May ALLAH include us in that Group.
They already know everything is with the permission of ALLAH, They already know cos the Prophet Muhammad pbuh said that a time will come that the BELIEVER will be very FEW but MUSLIMs will be a lot...
This TUSSLE is for the GOOD... Most of the MUSLIMs understood the POWER OF MONEY. They REALISED Who is working for the MOney and who is working for the FAITH.
RESPeCT the Auliyas the way prophet Muhammad pbuh taught us. Not the way which was never seen in the times of the SAHABAS... and the 3 generations... We might fall into SHIRK (Associating partners with ALLAH) . May ALLAH protect us from falling into SHIRK unknowingly...
Alibaba Chalees chor
I heard that Womens are not allowed to enter the Mosque.But i could see ladies Walking around the Mosque in last Picture.Can any one tell me is there any different in this Mosque.
Im a regular follower of Dr.Zakir Naik where he says in his speech that it is permissible for womens to enter the Mosque to pray with Allah. As Prophet pbuh wife's used to go.But in Kerala Women are not allowed.Muslims follow same Quran then why there is two rules in Islam. Please explain.
Shameless creature.....money speaks....
Look at khazi's face he doesn't like to see their face (Elected Peoples) which means he is not satisfied with them
PRESIDENT FOR CENTER OF SHIRK...????? NAOOZUBILLAH.
Any credibility left with khazi Khoora Thangal?
finally its end, congrats to newly elected president do good development to the dargah.
It is very sad to see that our people worshipping the thieves.
Who is this khazi and other leaders in ullal? All these people are mallus. They dividing the people in Mangalore.
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