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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.

Mangaluru, Feb 25: Notorious gangster Ravi Poojary,

who has been extradited to India from Senegal, has 34 cases registered against him within the city police commissionerate.

Now in Bengaluru police custody for interrogation in connection with several cases there, Poojary faces cases relating to murder, murder attempt, extortion and threat calls in the city, police sources said.

Sources said the city police are trying to get Pujari for interrogation though it would take a while as the court has allowed Bengaluru police to keep him in custody for questioning and evidence taking for 15 days.

Most of the cases in the city against him, 28 of them, are in connection with threat calls.

He had allegedly made threat calls in 2015 to the then state ministers B Ramanath Rai and Abhayachandra Jain, demanding immediate arrest of the accused in the murder of Bajrang Dal worker Prashanth Poojary.

All the cases against Poojary in the city were registered between 2007 and 2018.

Cases involving murder, death threats and shootouts are among the cases to be investigated, the sources said.

A total of 28 cases of death threat calls, one of murder, three of shootouts, one of abduction and a case of funding his associates lodged in prison are the crimes being probed by the city police.

The cases are now pending in courts at different stages of trial.

Cases of making threat calls to businessmen using his associates demanding protection money have been registered at Moodbidri, Kavoor, Kadri, Konaje, Barke and Urwa police stations.

Some of his associates were imprisoned in 2012 in connection with threat calls to a businessman from Kinnigoli.

The case relating to providing them money while in prison was also registered in the same year.

Pujari, wanted in many cases including extortion and murder in different parts of the country, including Karnataka and who had been on the run for over 15 years, was deported to Senegal following his arrest and later extradited

He had jumped bail in Senegal last year after being arrested there.

Mangaluru, Apr 19: District-in-charge Minister Kota Srinivas Poojary said that Rs 2000 each has been deposited in the bank accounts of 6,122 construction workers, who are registered with the labour department in the Dakshina Kannada district. The amount will be deposited in the accounts of other registered construction workers at the earliest.

The state government had announced Rs 2000 to construction labourers who are registered and have lost their livelihood due to the on-going nationwide lockdown to curb the spread of the coronavirus. The curbs, which were imposed on March 24, have been extended till May 3. "The labourers were reeling under hardship after construction activities came to a halt," said the Minister.

Supply food

Local bodies should make arrangements to supply food for stranded labourers, destitutes and beggars in all the ULBs in Dakshina Kannada district, Poojary said. 

"No one should starve during the lockdown period. All the ULBs should identify destitutes, migrant labourers in their jurisdiction and arrange food for them. In case of necessity, the help of NGOs can also be taken," he added
The minister announced that Asha workers and health workers would collect information on people's health by visiting the houses in the district and submit a report within 10 days.