The prohibitory orders imposed in Bengaluru under Section 144 of the Code of Criminal Procedure on December 18 in view of CAA Protest are "illegal" and "cannot stand scrutiny of law", held the High Court of Karnataka on Thursday.
But the bench headed by CJ A S Oka refused to set aside the order, noting that the same has "worked itself out". Thus, the Court allowed the petitions filed by Congress Rajya Sabha MP Rajeev Gowda, Congress MLA Sowmya Reddy and some city residents in part.
The Court referred to the Supreme Court decisions in Anuradha Bhasin case and In Re Ramlila Maidan incident to reach its conclusions.
The case concerned the legality of order passed under section 144, by the Bengaluru Police Commmssioner on December 18 banning all public rallies, which were to be held on December 19, against the Citizenship Amendment Act, in Bengaluru.
In an earlier hearing, Justice Oka had observed "Are you (state) going to ban each and every protest. How can you cancel permission granted following process by passing a speaking order."
The bench had also questioned the state by saying that "As far as law is concerned you cannot prohibit peaceful protest. Can state proceed on the assumption that every protest will be violent."