BJP must answer why its workers illegally transport cows: Home Minister

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.

Kalaburagi, Apr 17: Hundreds of people participated in the Siddhalingeswara temple chariot festival in Chitapur village on Thursday, violating the lockdown orders.

"Today at 6.30 am, around 100-150 people had come near Siddalingeshwara temple for about 20 mintues and took part in chariot pulling procession," Superintendent of Police Lada Martin said.

A case has been registered against 20 people and further investigation is going to ascertain more details related to the religious gathering.
Meanwhile, a sub-inspector has been suspended.

Thirty-six cases of coronavirus were reported in Karnataka on Thursday, taking the state's tally to 315.

Kalaburagi, Mar 7: Congress and JDS MLAs are eagerly waiting to join BJP, said former minister and chairman of Nijasharana Ambigara Choudaiah Abhivradhi Nigama, Baburao Chinchansur, here on Friday.

Speaking at a press conference here, Baburao said if the BJP top brass gives a green signal to include MLAs of other parties, both Congress and JDS would be almost empty. Many leaders, including D K Shivakumar and G Parameshwara, won’t support Siddaramaiah and the former CM will have to find his own way in the coming days, he predicted. He said Congress will not be coming to power in Karnataka for the next 20 years, he said.

Chinchansur thanked Chief Minister B S Yediyurappa for providing Rs 50 crore for Nijasharana Ambigara Choudaiah Abhivrudhi Nigama in the budget. He also said that a delegation will be taken to New Delhi under the leadership of the CM, after the budget session, to pressure the Union government to include Koli community in ST category.