The Karnataka High Court on Friday questioned the Government about the legality of prohibitory orders imposed under Section 144 of Code of Criminal Procedure in Bengaluru in the wake of anti-CAA protests planned in the city yesterday.
"Are you (state) going to ban each and every protest. How can you cancel permission previously granted following due course of process?", asked Chief Justice Abhay S Oka, who was heading the bench.
"Can state proceed on 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 CJ asked.
The visuals of police detaining historian-scholar Ram Chandra Guha yesterday for holding anti-CAA protests had gone viral in social media.
The bench, also comprising Justice Pradeep Singh Yerur, questioned the legality of detaining school children, who were staging peaceful demonstrations holding placards.
Karnataka HC questions state on taking school students to police station in the wake of Section 144 order. The children were holding placards and protesting against bad road conditions.#Section144 #Karnataka— Live Law (@LiveLawIndia) December 20, 2019
Karnataka HC questions state on taking school students to police station in the wake of Section 144 order. The children were holding placards and protesting against bad road conditions.#Section144 #Karnataka
The Court then asked Advocate General Prabhuling K Navadgi to reply to its queries at 4 PM today.
The bench was considering a slew of petitions which were filed yesterday challenging the curfew orders imposed in Bengaluru city. The petitioners include Rajya Sabha MP Rajeev Gowda and Sowmya Reddy MLA of Congress party.
The orders were issued on Wednesday night ahead of the Anti Citizenship Amendment Act, protest, which were scheduled in Bengaluru, on Thursday.