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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.

Bengaluru, Jun 5: An earthquake of magnitude 4.0 on the Richter Scale jolted Karnataka on Friday morning while another with a magnitude of 4.7 was felt in Jharkhand.

The tremors were felt in Hampi (Karnataka) and Jamshedpur (Jharkhand), according to the National Center for Seismology (NCS).

According to NCS, the aftershocks were felt at 6:55 am in both the places today.

Bhopal, Mar 11: After meeting with 19 party MLAs who have tendered their resignations, Congress leader Sajjan Singh Verma on Wednesday said they are neither willing to support Jyotiraditya Scindia nor in favour of joining BJP as they were "misled and taken to Bengaluru" in Karnataka.

"Nobody is ready to go with Scindia ji. They said they were misled and taken to Bengaluru, most of them said they are not ready to join BJP," Verma told media persons on being asked about the 19 MLAs.

"I just came from Bengaluru and now I am going to Jaipur. Besides 5-6 ministers and one MLA, we all are going to Jaipur. They (MLAs) have said they have the blood of Congress and they will remain in the party. 
Since Scindia was a senior party leader, all our MLAs followed his order as a courtesy," he said.

The Congress leader further claimed that BJP is using both "muscle and money power" to influence Congress MLAs.

He also claimed that he is strongly in contact with 7-8 BJP MLAs.

On Tuesday, Congress sent two of its leaders -- Verma and Govind Singh -- to Bengaluru in order to pacify some of the rebel MLAs who are lodged in a hotel there and who claimed to have resigned from the state Legislative Assembly.

Most of the rebel MLAs are perceived close to Scindia and are apparently unhappy at Scindia being "ignored" in the party. The grand old party has been witnessing an internal turf war in Madhya Pradesh since the party formed the government in the state in 2018.

Scindia is likely to join BJP later today.