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
This is not only your question. my question too. that’s why we should end the mhar competition. Otherwise your son also may follow the same path one day.
Masha Allah! it is good to note that some of our brothers brought the globally acclaimed Islamic Scholar to Mangalore.
It would have been more beneficial for the community if the hosts arranged one two public programs in Mangalore and Kasaragod.
Masha Allah Masha Allah happy to see Mufti Menk at our place.Good message to the youth regarding non-competition over mahr.
My Reply to A Mangalorean. Why did your son agree to pay that much Mehr while it was not under his capacity. May be he tried to show his Father in Law that he is also a rich person. Why one should put himself in debt. Now he will have to pay interest on the loan and this is agaisnt the teaching of Islam. We will not put ourself in trouble if we follow simple way tought by our Prophet. May Allah bless us with right way Islam and keep us away from show up.
Hahaha
I m absolutely delighted that Mufti Menk has visited our place and given lecture on Mahr to Manglorean Muslims.
Hoping to see him again and again !!
Good that mufti menk has taken initiative to end mahr competition. Hope it won’t be the beginning of the ‘mufti competition’. Now another NRI businessman in mangalore may think of bringing numan ali khan for next wedding in family (kidding)
Welcome to mufti menk a renowed international scholar to Mangalore. Mufti should advise the rich muslims of coastal Karnatkada to refrain from luxury marriage style with luxury marriage halls and luxury foods.
Unlucky that i was not part of this event. Mufti Sir do visit Manglore frequetly and guide mangloreans who indulged in shirk and diddah... May god bles you, give you good health and long life.
demanding dowry is not islamic culture. he has given series of lectures on that issue. if you want u can google and listen. but what he did here is a timely decision- he pervented show off. why he should talk about non-islamic system of dowry at a wedding where there was no dowry?
A considerable number of Mangalore muslims have adopted the Hindu custom of dowry. But mhar has not disappeared. At the same time among rich muslims there is definitely competition over mahr. This had happened in my son’s wedding too. he had borrowed huge loan to pay a Rs 50 lakh gold as mahr. so I personally feel that Mufti menk’s initiative is good.
Thants Right, instead of speaking about the dowry system which is demanded by the men as oppose to the mahr he is speaking opposite which is very trivial issue in comparison to what a girl's parents suffer.
Barakallau lakumaa wa baarik alaikumaa wa jam'a bainakumaa fee khair. May Allah(swt) bless the new couple. Ameen.
Mahr was never a competition here. Its all peanuts compared to the jwellery the bride wears from her fathers hard earned money. If not that, then its the brand new car in display outside the wedding hall, again brought by the brides father for the bridegroom.
mufti menk has not realised that most of the bearys hav sold themselves to the indian custom of dowry for demand or for self prestige
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