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Bengaluru, May 26: After Yogi Adityanath said that no state can take manpower from Uttar Pradesh without his government's permission, Karnataka Pradesh Congress Committee (KPCC) president DK Shivakumar on Tuesday termed the Uttar Pradesh Chief Minister's move as "unconstitutional" and "against the right to freedom of movement."

"Uttar Pradesh Chief Minister Yogi Adityanath's move to restrict hiring people of Uttar Pradesh is unconstitutional and goes against the right to freedom of movement. Mr Yogi, please note that UP is not the private property of your govt. The people of Uttar Pradesh don't need your government's permission to work anywhere in India," Shivakumar tweeted.

"Mr Yogi doesn't understand the basic rules of governance in a democracy. Such actions lack common sense and will only make the people of Uttar Pradesh suffer more. When it's convenient for BJP, it's One Nation, when it's not, it's different states and different people. Heights of hypocrisy," he added.

Adityanath had on Monday said that the state government will provide social security and insurance to labourers and no state can take manpower from Uttar Pradesh without his government's permission.

"If any state wants manpower, they cannot take our people from the state without our permission as there were reports of misbehaviour with them in other states. We are taking full responsibility for labourers' social security. We will provide every kind of security to them including insurance. Wherever they will go, we will always stand by them," Yogi said.

The Chief Minister said that skill mapping is being done in Uttar Pradesh and a commission will be set up for labourers to ensure employment for them.

On Sunday, Adityanath had ordered the formation of a 'Migration Commission' for the purpose of providing the workers, who have returned to the state during the lockdown phase, with employment suited to their skills.

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.