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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.

New Delhi, Feb 3: BJP MP Anantkumar Hegde's swipe at Mahatma Gandhi has irked the top party leadership and he may be forced to apologise, party sources said on Monday.

A senior BJP leader said the Karnataka leader's comments were "condemnable" and the party leadership is upset with him.

"The party has conveyed its displeasure to him and asked him to take remedial measure. Any insult to Mahatma Gandhi is unacceptable," he said.

Hegde, a former Union minister, reportedly claimed at an event in Bangaluru that the entire freedom movement was staged with the consent and support of the British, and the independence movement led by Gandhi was a "drama".

He also wondered why the Father of the Nation was called 'Mahatma' (a great soul).

The party leader said the Lok Sabha MP is a "disciplined" member of the party and will do what he has been asked to.

Hegde, known for hardline Hindutva leanings, has a history of making controversial remarks.

Bengaluru, May 10: Former Karnataka Chief Minister HD Kumaraswamy on Sunday accused the state government of not preparing proper guidelines to bring back people who are stranded near the Karnataka-Maharashtra border areas.

"No proper guidelines have been given to officials to bring back people who are stranded near the Karnataka-Maharashtra border. From the last 45 days, many of these people have not got any relief nor are there any proper directions or guidelines from the state government," alleged Kumaraswamy.

He also accused the state government of cheating the people of Karnataka.

"Karnataka government is cheating people the same way it cheated with the flood compensation. The state government had announced lakhs of rupees as compensation to those who lost houses in the flood last year. But nobody has got the records or details as to how many people got benefited from it," he added.
Fifty-three more COVID-19 cases were reported in Karnataka on Sunday, the state government said.

The total number of cases in the state is at 847, including 405 discharged and 31 deaths so far, the bulletin said.