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.
Appreciating the work of police, who have arrested four suspects in connection with the murder, RSS Kshetreeya Sanghachalak V Nagaraj said, "If the involvement of PFI and SDPI in a larger conspiracy is proved, we will seek a ban on them from the Centre."
Comments
If RSS and other chillar saffron pillas are banned....then all Muslim based parties will surely back off....try it
..India will be a Better place to live......
if u say to ban SDPI and PFI wht abt the killers who killed more thn 1000's of Muslim & Dalits in india who will ban those who killed this muslims & dalits they are nationlist this RSS VHP ABVP Sangi shld b banned first in india if you ban this guys thn india will b peace country y u all involving kerala in this in kerala they kill for political reason @mohan and @nirmal u mean to ban all the parties in kerala and in india thn only RSS will rule the country no it will never happen everyone hve rights in india dont point others b4 pointing others look into you wht you guys are upto thn point others for ban or anything wht RSS do notice tht firts insted saying to other parites
First RSS should be banned. Then automatically there wont be any problem, coz the root cause of all the hatred is from this organization.
Also Ban Praveen Poojary killers & thier organization like Bajarang dal , VHP , HJV and Gow rakshak sangs ! !
How about RSS involved in various terrorist activity....I am not a member of both parties....but who are these tapaories to ban....
Same way why don't they ask central govt to ban gang, which is involved in killing Udupi Praveen Poojary?
A new TWIST to hide the real CULPRITS who were caught few days back... We all know cheddis evil agenda ... We dont trust them anymore....
How many times you asked centre When RSS members were hacked to death in Kerala . multiple times in a year ........? that means LDF UDF Congress......CPM and other parties should be banned for killing RSS members ?
If it was possible . then long back would have done .......this is GOD's World .....No evil can claim as its own.......Wa jaa'a haqq wa zahakal bathil ...........Falsehood should persih ...as it is bound to perish .......
and remember RSS is not patriotic not Hindu Organization..........and who are you to ask centre ......BJP elected not to control but to maintain a country
cpm and BJP are in open war in kerala and killing each other , never find any wrong on them ... any govt ruled in India since 70 years never find any guilty on RSS , where as most of the reports pointed its direct hands and some times its ideology behind it ...
central govt may hurriedly take action , if anybody approach action against PFI , as they effortlessly working to ban ZAkir naik and his org.. and keen to ban triple talaq.
Ban Also the Killers of
Ghandhi
Dabolkar
Panesar
Karkera
Akhlaq
hahahahahaha, what are these guys upto, they kill their own members and point out other organization.
when go rakshak killed the bjp worker, why did you keep quiet, did u ask govt to ban go rakshak.
This clearly says their intention is communal hatred.
America enlisted RSS in one of the Biggest Terrorist organization. Assam123.com.
The agenda of banning PFI and SDPI already there since RSS is running the central govt. But its hard nuts crack.
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