Bengaluru: Imposition of prohibitory orders in city 'illegal', says high court


Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Feb 14: In a significant order passed on Thursday February 13, the state high court said that the order passed by the city police commissioner, invoking provisions of section 144 for three days from December 18, 2019 in the city, at a time when protests were being held against the Citizenship Amendment Act (CAA) of the central government, was illegal.

A division bench of the high court passed this order, after hearing public interest litigation filed by Congress Rajya Sabha member Rajeev Gowda, MLA Soumya Reddy, PUCL and others, seeking to withdraw the said order.

The bench observed that the order passed by police commissioner Bhaskar Rao, was illegal and it does not stand the test of law. But, as the term of the order has already expired, the high court said, it cannot uphold the request of the petitioners to annul the order. It partly upheld the prayers by just making the observation that the said order was illegal and against law.

The high court said that while the police commissioner has the right to enforce section 144, he needs to hold proper inquiry about its need and collect opinions, both of which were not done in this case. It observed that as per the Supreme Court order, peaceful protests can be held and it is a fundamental right. "The Supreme Court has said that the people have the right to hold peaceful protests, bandhs, road blockades, processions etc peacefully. The Bengaluru police, who gave permission to hold protests against the CAA, later enforced section 144 to subvert this permission, which is tantamount to snatching away fundamental rights of the protesters," it said.

 

  

Comment on this article

  • M M adyar, Kankandi , Mangalore

    Sat, Feb 15 2020

    didn't they commit two MURDER?
    Will action be taken against the officers for miss using the law....

    DisAgree Agree [3] Reply Report Abuse

  • Alwin, Mangalore

    Fri, Feb 14 2020

    Then same principles apply to mangalore. The investigation required to change accordingly

    DisAgree Agree [13] Reply Report Abuse

  • AMAR NATHAL, MANGALORE

    Fri, Feb 14 2020

    Anwar, Mangaluru, you are right. I woke up from my slumber when I heard about USA chief Justice spoke to the students and said, people have given too much power to the government. Indeed too much to dictate and use the police to control citizens who voted for them to govern hem.
    To regulate that unlimited power, there is independent judiciary. If there is no independent judiciary, we will have not just a police state, but murderers regime eliminating all forms of opposition. So, in USA they began to introduce Bills to give some power back to the citizens to as to regulate government trampling on the citizens.
    Now Amith Shah says some of the statements did not go down well with the Delhi voters. Did our PM condemn such statements when he first heard them. No, he expected to get votes and power. He regrets those comments now because BJP lost elections. If not, they would have entertained those statements as capsules to gain votes everywhere. As Home minister did he warn them before the voting? No, we will see people murdering political opponents and criminals not being held responsible for what they say and do.
    When PM does not have moral courage to condemn at once any statement that divides our nation it is a warning sign to all of us that we have gained speed but we we move in wrong direction.
    Today we may see one political party or another gaining popularity presenting to be the saviors of the nation, terming all those who oppose them as anti-nationals. Illiterate masses/voters are only given cash-crumbs during elections and then those elected keep looting the nation for 4-5 years.
    We vote for criminals, cheer them, as they make laws for us and give vision to our nation. They cannot fool all at all for long!

    DisAgree Agree [15] Reply Report Abuse

  • Richard, India

    Fri, Feb 14 2020

    Well said. How many citizens will have the decency to accept these facts ? I guess a few. No wonder we have ended up in the present situation.
    So, it follows , as are the people, so is the government. Our elected government and the PM is the reflection of the aspirations and mentality of voters. In a democracy , cant blame anyone but ourselves.

    DisAgree Agree [5] Reply Report Abuse

  • AD, Mangalore

    Fri, Feb 14 2020

    And dead men tell no tales.

    DisAgree Agree [2] Reply Report Abuse

  • ayes p, kudla/ksa

    Fri, Feb 14 2020

    This is goodagiri of state government to impose 144 to supress the fundamental rights of the citizens .

    DisAgree Agree [17] Reply Report Abuse

  • ayes p, kudla/ksa

    Fri, Feb 14 2020

    This is goodagiri of state government to impose 144 to supress the fundamental rights of the citizens .

    DisAgree Agree [9] Reply Report Abuse

  • Dodanna, Mangalore

    Fri, Feb 14 2020

    It means incident occurred last month in our holy city by the authority was absolutely against citizens fundamental right. There after arresting media persons and blocking state ex CM entry all are against the law.
    Our High Court must take immedited action against such officers.
    Jai Hind Jai Karnataka

    DisAgree [1] Agree [22] Reply Report Abuse

  • David Pais, Mangalore

    Fri, Feb 14 2020

    inflicting 144 section in Mangalore by da p.c., harsha was wrong.

    DisAgree [3] Agree [32] Reply Report Abuse

  • Anwar, Mangaluru

    Fri, Feb 14 2020

    It’s peoples absolute choice to support BJP or RSS, no one has any problem with it as long as you dont bring hate and fear among general mass, Now, just see how many people will justify and argue saying that this is wrong !

    DisAgree [2] Agree [26] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Feb 14 2020

    Today I don't even remember what I had Last Night for Dinner ...

    DisAgree [13] Agree [19] Reply Report Abuse

  • AMAR NATHAL, MANGALORE

    Fri, Feb 14 2020

    It’s peoples absolute choice to support or not to support BJP or RSS. They neither become nationals or anti-nationals by exercising this choice. Any comment, Anwar, Mangalore?

    DisAgree [3] Agree [12] Reply Report Abuse

  • Anwar, Mangaluru

    Fri, Feb 14 2020

    Well said Amar, I totall agree with you! My comment on previous post was just to pull the legs of bhakts since they say that word for whatever we say! Time to give them some realization and taste of their own medicine. It silly for anyone to say anti national and go to pakistan or bangladesh for every problems we face in our day to day life,

    DisAgree [2] Agree [12] Reply Report Abuse

  • Anwar, Mangaluru

    Fri, Feb 14 2020

    Jossey, all people are like this ! People only remember incidents that involve someone from their home! But this too, eventually fades away!

    DisAgree [3] Agree [8] Reply Report Abuse


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