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
Must be somebody from the HJV killed him to make it look like suicide. are the police investigating. All unnatural deaths should be properly checked.
Brother Manish #1
You have Mistaken What is the use of Organisation when Almighty Allah is not with them.
Learn Islam before its too late.
Naren and viren are busy with preparing CD/video to misuse this situation to frame some innocent people and trap them with Gooswami.
Our nationalist peddu naren is commenting on other news but he is not here with his brother? thats so sad when someone needs condolence he is not here... thats a shame for him and his HJV or HIV
Hi.. your goggles are super!!! how much u paid? now who using them?
Sad to know that there are people who celebrate the untimely death of a youth. #RIP humanity.
RIP, Any way great job, this is the lesson for youth of bajarangi what happens if cancer is in your mind
Entire organisation would be with you if you attacked Muslims or Christians. I bet if you consulted minorities regarding your problem you would be alive today.. RIP.. We know one to blame but what HJV are doing with minorities entire country knows.. And don't forget Manish... God is above any organisation..
And this kind of people lead organizations.....come on.....bhudhanaazhcha ka nahee to kyaa public ka
Feenari........
Madidunno maraya!!
I don't agree with Manish's comments
Had your entire organisation was with him this wouldn't have happened
All such org only uses such youths and make public bakra
RIP brother. You took a wrong step when entire organisation was with you.
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