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 muslim had super power with nuclear weapon, figther jet etc. and instead of wearing kurth & payjam they wear black suit with tie like american and then drop BOMB on poor yogesh house and kill all your child, wife, mother after that yogesh try to fight back with old rated rifle" THEM MUISLIM WITH BLACK SUIT & TIE CALL YOGESH YOU ARE TRRROEIST"
Dear YOGEST will you accept This?
you should clean your mind before the soul leaves from your body.
the biggest terrorist in the entire universe is AMERICA dont act like them.
Mr. sangeeth....abba what r u saying my friend really???? first check how many criminals are there in BJP party and corrupted politicians one poster boy example is in front of you Mr. yeddy he is CM candidate of karnataka.... and you people are supporting him..... U people are andh bakht who cant see anything accept modi modi and hindutva..... this chors will not feed you and ur family only you have to..... so think of it before you say something
Mr. Yogesh.... what about your relatives sadhvi pragya, karnal purohit, aseemanand are this people desh bhakts...... who havent hoisted the national flag for more than 52 years....wah bhai wah tum karo to nationalist aur hum kare to anti national........ vinaash kaal
Simple thing is in India if a muslim protests or kills then he is branded as terrorist but if non-muslims do the same they are naxals. I just want to know how many Army personnel and citizens have Naxals massacred.
Stop blabbering. Most of your people are traitors and antinationals. If we, bjp not there, then you would have turned our Bharatha into hell
Mr. Khan, You cant say All muslims are not traitors.. 99 percent of terrorists are muslims... You can check anywhere. I am challenging you mr. khan
Present scenario changed alot. If you are working for society then you cant be in any political parties.. All parties are corrupted
Dear SDPI, PFI workers.., Please note this. Dont be slaves of political parties
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