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 women has gone crazy.... evey time she opens her mouth she spills hatred and venom.... i laugh and feel pity on those people who elected her on what basis they have elected her i dont know.....can you point out a single area where she has done good thing for the society...... i havent seen she speak about her work about the development....... she is into communal politics only
Get "wedlock with Yeddi", 2nd time ?
Abhi counsi shaadi ?
soon she will be out of BJP....
BJP has no need to join hand with other terror-communal organisations. They are one who spits communal venom all the time
Who joined hands with PDP?? Thuppakki Shobha forgot that..!!
Wonderfull Akkama Akka, what about Baj Ranji? Terrorist RSS? What about your Yeddi Chaddi?
you pull of the gate, one way Trafic? not good nowadays every were two way trafic Akkamma, being sitting MP you have no knowledge because always behind Yeddi. so better hang yourself or get wedlock with yeddi, then only you Improve>
BJP's policy, those who pass deregatory remarks and spread communilism, they will get ministerial berth. During next reshuffle Shobakka will become a Minister of Communalism. Shobakka, don't be too smart, otherwise you will loose your looted Coffee Estate in Madikeri.
what about PDP Shobha kandodi arent they anti-nationals now ?
Yabba Khandody opened the mouth. Created only for desh drohi rss activity and communal clash.
jaa bahen shadi kar le... you will have better life than this...
Madam,
If we agree by your words, then what is your government in center is doing. Ban them. You want to play politics by keeping them active and polarise hindu votes. One think you forgot that people of coastal karnataka are highly educated. Yor can see the latest PUC results. So dont fool. It may backfire on you. Jai Hind
This woman always spits the venom on other community...
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