Will you ban all protests? K’taka HC examines legality of sec 144 in state

by news
December 20, 2019

Bengaluru: The Karnataka High Court on Friday, December 20, slammed the BJP-led government for the blanket application of Criminal Procedure (CrPC) section 144 in the state.

It can be recalled that section 144 was implemented in the state on Thursday in order to prevent the people from protesting against the Citizenship (Amendment) Act, 2019.

HC Chief Justice Abhay Shreeniwas Oka, who led the two-judge bench that heard a set of petitions against the imposition of section 144 in the state, had asked, “Are you (the state government) going to ban every protest? How can you cancel permission that was previously granted after due course of the process was followed?”

“Can the state proceed on the assumption that every protest will become violent? Can an author or artist not hold a peaceful protest if he disagrees with any decision of the government,” the judge had asked.

He then asked the state government if they will allow the people to hold peaceful protests if they apply for fresh permission.

The judge also asked the advocate general (AG) why students were taken to police stations. The AG was then asked to appear before the court again with the government’s answer to its questions.

Later, the HC observed that the “state is a custodian of fundamental rights”. “We are not concerned with the subject of the protests. Our concern is about the decision making which curtails fundamental rights,” the court said.

The court then adjourned the hearing to January 7, 2020. The state government has been asked to file its objections by January 6.