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
Unempolyment and farmer death are the issues gifted on us by the central BJP government from demonitisation and GST. Now our PM friends Donald trumps administration also accepted that due to this two isssues Indias growth has been slow for more then a year now.
Unemployment of whom ? Siddaramaiah claims 15 lakhs jobs have been created but has yedduyurappa the guts to ask how many native Kannadigas got the job ?
Regarding cauvery why he did not even open his mouth on SC judgment .
Was there a gag order from Delhi high command. He did not have guts to even welcome the judgment. Probably he knows it was outright injustice to Karnataka but he is helpless and is concerned about his career ! Of course Cong & JD-S also did not have the guts.
Regarding atrocities on women nothing prevents Modi govt. making stringent laws and Karnataka will definitely welcome it. But Modi is too busy with "Man ki bath " , Foreign tours. All he knows is vandemataram & Yoga and of course mudslinging on congress which anyway it rightly deserves.
So native Kannadigas reject the three parties BJP, Cong & Jd-S and
and bring a Kannada party to power or follow the crowd like fools
and dig your own grave. Ignore all the posts of migrants & traitors .
No Unemployment and Farmers suicide in BJP ruled states.
infants,Mothers,Women,Girls, Pregnant women are being Raped, burnt and killed alive. and you are talking about women safety.
Protection of wives is also a key issue.
You said truth but a small correction needed. These are the key issues to highlight only for election..
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