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
May be because of infected Gomoothra
JINU...
How did U come into being... QURAN speaks on our CREATOR who created all that exits... and It asks us to use our intellectual which ALLAH has given us. I request you to PONDER on what it says...
Please read the QURAN once & research what it says... Dont just sit idle and make your own asumption. living a life of unaware... about the CREATOR will be worse than animals..
May God help them all! They are all innocents.
Devaru kotta prasada beda annbardu...! May be some sanghi poojaris' wanted to cut down cost for his selfishness. Probe needed.
May the victims recover soon!
I agree, believing blindly doesnt make sense... But God has given intellectual to human being and he created us to worship him alone... Y dont we use our intellectual to know who is worthy of Worship rather than worshiping idols and animals...
Even in vedas, it say that those who worship such things are in DARKNESS...So to come out of such DARKNESS ... the idols or man made god worshipers should try to know who is GOD and Y we need IDOLs to reach GOD...
God says he is near to any caller, there is no need keep any life less object and ask with it... in other sense U can call him by saying \O the one who put soul in me, who gave life to me ...Guide me.No doubt his help will come to those who trust him... Try it."
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