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
If hindus start eating beef based on this, then price will increase 2-3 times more than today's rate....very bad....
Chaddis eating beef sukka as well.
Dear YOGESH...
Please carefully read the below verse from BG and ponder on it. Also REFLECT on y BG mentioned this here.
Bhagavad Gita 7:20
Those whose INTELLIGENCE has been stolen by MATERIAL DESIRES surrender onto Demigods (Besides TRUE GOD) and follow the particular rules and regulations of WORSHIP according to their own natures...
I think U should not worship the idols and statues instead worship the TRUE GOD who is formless (NA TASYA PRATIMA ASTI). This is the TRUTH and U should follow the BG on this too...
Those who don't eat non veg. Should replace their pointed teeth to flat teeth.
Less intelligent people always want to imitate God and there activities without knowing the proper fact and reason behind the activities.
Like lord Shiva once consumed POISON. Can any ordinary human do this ,No. So we should not try to imitate God. But We should always follow the instructions given by them. God has given enough instructions through his word in BHAGAVAD Gita and other scripture. Where he instructed to offer him only four type of eatable things i.e. Leaf, Flower, Fruit and water and consume it. This is why, we should always try to follow God's instructions carefully rather than imitating his activity.
So what......and who gave you the list of God's diet......why don't you request your Hindu people to close now the restaurants which serves non veg......they will throw you in garbage....better be silent....
instead of looking at the fact and trying to know the TRUTH ,,, some cheddis are already blaming him blindly... when in fact intelligent will look for the truth.
Sita kidnapped When laxman was busy in hunting deer for their lunch. This story clearly tells about their love for meat.
Very well said. If entire hindus studies their scripture they will become non-vegetarian and stops idol worship without any delay.
Add new comment