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
hello there and thank you for your info – I have certainly picked up anything new from right here.
I did however expertise some technical points using this website, as I experienced to reload the wesite a lot of
times previous to I could get it to load correctly. I had been wondering if
your web hosting is OK?Not that I'm complaining, but slow loading instances times will sometimes
affect your poacement in google and can damage
your high-quality score if advertising and markoeting with Adwords.
Well I am adding this RSS to my e-mail and can look out for much more of your
respective interesting content. Make sure you update this again soon.
Heree is my web-site :: Vape: http://demosite.center/punbb/profile.php?id=651
Hi there to every body, it's myy fist visit of this web site; this blog contains remarkable
and truly fine daqta for visitors.
My webpage :: visit this page: http://www.mochizuki.com/cgi/bbs/g_book.cgi/RK=0/g_book.cgi)
Everyone loves what you guys are upp too. This sort of clever work
and exposure! Keep up the exccellent works guys I've added you guuys to
our blogroll.
Feel free to visit my homepage: travel: http://www.jetlac.de/mgb/index.php
Apprfeciate thhe recommendation. Let me try it out.
Also visit my blog post: saba ace diet pills reviews: http://uoa.pp.ua/wiki/profile_kathrinh80
I am not suree where you are getting your information, but
great topic. I needs to spend some time learning much more or understanding more.
Thanks for wonderful information I was looking for
this information for my mission.
my blog post: Electronic
Cigarette: http://uoa.pp.ua/wiki/how_to_get_psyched_with_fi_st-time_vaping
Add new comment