Bengaluru: The Karnataka High Court ruled that the section 144 order issued in Bengaluru on December 18, 2019, was illegal. The court maintained this during a hearing held on Thursday, February 13.
The prohibitory order was declared illegal after the high court bench found that it did not stand the test of judicial scrutiny as established by the Supreme Court of India, according to an update posted by Bar and Bench.
It can be recalled that a PIL was filed on December 19 challenging the imposition of section 144 in the city ahead of several anti-CAA and NRC protests.
The HC Bench, headed by Chief Justice Abhay S Oka, questioned the legality of the section 144 order. “When permission for carrying out protests was given to certain organisations, then how can it be cancelled overnight? Can a sweeping order under Section 144 cancel an already granted permission? Can state go under the assumption that every protest will disturb the peace?” asked the court to the government counsel Advocate General Prabhuling Navadgi.
However, throughout the hearing, the state maintained that it was respecting people’s right to protest.
Rajya Sabha MP Rajeev Gowda and MLC Sowmya Reddy were among a few other petitioners who had approached the court in the matter.