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
U have been voted to develop ur area. Do that first. We muslims don't have any issues if your women's go to temple or not go to temple. It's ur internal matter. We don't interfere. Pls do not interfere in our matters. U have right to do whatever you want to do. We don't come there. So do good to your are in this 5 years and next time also u will get elected for your good deeds. I feel sorry for those who voted you. God bless India.
Ahlan Wa Sahlan welcome to all faith include prathap simha
If in case any muslim women tried to engter Sabarimala temple it is 100 percent her fault. As entry of women is not allowed in this temple, she should respect the rules and should not put herself in trouble. What is the need to her to enter in a restricted area. In case she believes Sabarimala as God, why is she represents as Muslim. None will stop her from follwoing Ayyappa religion as Islam or muslims will not lose anything if she ruins her present and future. As she has no respect to her own religion how can we expect her to respect other religions. she might be doing it to get publicity or she is bribed to do so.
My dear friend, none will stop entry of women of any religion in masjid, but they should pray separately. Many masjids have prayer room for women as they are not allowed to mix with males while praying. However, for your information, it is preferred to muslim women to pray in home and there is no force on them to go to masjid to pray. This is a facility provided to them and in case any woman wants to pray in masjid it is due to the nfluence and unnecesary advice of any person.
Dear ex bhakat, he is a member of kesari jihad organisation.
Yes All Women are welcome. Irrespective of Faiths.
Yes , all faiths are permitted to enter mosque .
E.g. Sheik Zayed Mosque , Abduhabi.UAE.
Please google it if am wrong.
Because u people are borries
Anyone can entre mosque. But women cannot mingle with men in mosque unlike in temples and churches. There will be separate place for men and women. Unfortunately, in India most of the mosques have no facility for women. But Prophet Muhammad (pbuh) warned men against preventing women’s entry into mosque.
What the hell you are asking sir? Are u promoting love jihad?
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