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
Suvarna news and Asianet are two faces of one coin partially owned by Rajiv Chandra Shekhar, a Rajya Sabha MP elected by BJP, Karnataka. I was wondered these two channels always in favor of Saffron fugitives, how come the TV Anchor Sindhu got exact 2000 calls from Saffron activists? There were good TV anchors in these two channels left because owners leaning towards Saffrons. Now these two channels are having Astrology, Yoga, and vastu programmes which is not supported by current rulers of Karnataka. Since then these two channels are spreading venom in the society to divide the people.
Government must take note of this and an enquiry to be conducted to find out who are behind this episode.
Come on yaar...freedom of speech and media...why pain now?
Ban RSS...
Respect women....
\Ah! Antinational. Those days, that's what the British called us\", said the frail old man to his grandson as he pointed to the TV anchor."
Right wing fringe at play.
Everything is fair in The name of NATIONALISM.
It is a sheer disgrace to threaten a lady journalist for no fault of hers. She is an employee of a private TV channel and she has done as the call of duty. It is the duty of the society to protect ladies . Everybody worships GODDESS Durga and it is not that TV reporter does not. She may be more religious than the persons who are threatening her. The image of Durga will not be hurt if some sections of the society pass comments against her. Thousands of years culture is preserved by our women only. Keralites are highly educated but not civilized enough to have finer human feelings to respect and love women. It is a blot on their society.
Malayalam TV anchor got threaten calls from Activists of #Sangh #BJP is shame on Democratic India.Who is responsible for this?
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