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.
After a recent meeting of its Pratinidhi Sabha at Rajasthan's Nagaur, the RSS leaders on Tuesday held discussions with the top BJP leaders. The meeting was convened to convey the outcomes of the meet to the BJP, said informed sources.
Comments
If Petha and Betha is your God then why not Modi also can be a God, not only God's Gift he himself is a God for Fakus make Mandhir and pray anyway you all have reserved place in hell..........
I wont be surprised if they declare him god tomorrow. haha
May be MODI will be killed by their own party if any displeasure arises.....afterall
GOD'S GIFT HAHAHAHAH....I think Mr.Venkaiah Naidu time have come to Retire...All AGE Effect...IGNORE.
Next Bharath Rathna for Venki...for sure.
Butcher Amit Shah, by hook or crook want to open a account in Kerala assembly, that's d reason he is interested in Sreeshant candidature for the coming assembly election. All these years they were not even got their deposits and lost.
I don't think Sreeshaanth has mass followers in the Kerala, as he is a corrupt cricketer, the whole world knows. If at all BJP chooses him it will backfire them in the election.
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