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
At least India woman follows aschame tradition In Karnataka women having a greatest tradition but,
Miss Shobakka doubted as a Kannidiga as well Southcararian!!!!!! at least get marry Akka leave people alone telling, barking lies and heating up kannidigas now it will not digest, yes boneless tounge God created remember one or other day people who evr claps for your tounge see what happens.
Indian tradition "Marriage should be done in certain age specially for woman" if not we know how to call remember!!!!!!
Does people select this waste Shoba only for lying and spitting venum of hate. Its shame that people elected such a lady who is a agent of sangh parivar and taking care of creating disturbance and riot in coastal karnataka. Coastal karnataka is not a hub for jihadis as no jihadi is there but hub for sanghi terrorists who are financed by nagpur based terror group and supported by people like kalla bhatta. She should be deprived of her seat and HC should strip her of this position as she is not representing people but representing sangh parivar goondas. She is the main person behind riots and property loss in uttar Kannada dist. HC should order for confiscating her property worth crores of rupees int he form of estates/ bungalows/ shopping arcades etc etc. and distribute among the poeple who lost their homes + businesses.
What about the murders and communal clashes off her rss.Why there is no value for the victims.Being a peoples represantative why she us always talking about rss I/o Indians. Elected member must concentrate on ournation Indias unity. She iplaying political game by the name of religion. From where she got such huge amount to bit benami propetry coffee estate etc. Last week she asking gun today different demand n tomorrow we expect some thing different only to split the society. At our coastall area these communal deshould drohi groopus want communal clash before state essembly election for sake of vote bank.
Trust qualified peace loving patriot statell people give a right reply with a tight slap on these communal mind politicians.
Jai HIND!
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