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
LOL...kuchbee, he is the biggest shit of india..GOD is pure, mercfull & good, this man try to show off that he is with hindus, becarful my dear hindu brother he may change his mind based on the situation. like this people are called marons of 21st century.
words cannot express for this man s. statement , he was dreaming in the daylight
Sita came to his dream and she might have told that Rama is fedup of the Jungle life now he need one place to settle down and to have good rest in his rest of the life.
About Shias all are have one openion that shias not considered as Muslims they are another part of Kuffars.
Why this guy is playing with the sentiments of Hindu Brothers, Although i am a Muslim but we should respect other religions too and their sentiments. When More then 100 crores of our hindu brother and sisters pray him and he is so powerfull then why lord Ram will come in his dreams. May be time or place is not perfect for him to stay on that perticular place. if lord Ram would wish he can accept prayers of crores of peoples and settle the matter.
cant expect worse than this from a bhakt.
chacha....fear Allah before its too late
First of all, does the God cry. If he is crying he can not be God.
The one and only true God will never come in dream and will not cry.
The real God is never be seen NOR imaginable to anyone.
This is the attribution of Ture God.
Let us say for the sake of argument, he has dreamed. It does not mean it is credible dream.
The dreams are 2types True dream and fake Shaytani dream.
About this man who is controversial already in the past, has always been trying to get the mercy of Hindus. He wants to be closure with them.
He is selling his Islamic values of true belief for worldly gains. He is Munafiq
God knows how Shiyas have selected him to be their head of waqf board.
This is the true picture of Shiyas. No basic knowledge of Thoheed/ Oneness.
May God guide them.
I think this is the chamatkar of desi brand. If you start drinking foreign brand before going to bed Lord Jesus also may visit you soon!
Please give a bit more explanation about the divine-human encounter. Rama was alone or Sita was also there with him? Did he go soon after expressing his sadness before you or he also had food with you before leaving?
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