As bypoll looms disqualified MLAs get huge grants from BSY govt

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, Mar 15: The Karnataka government has intensified screening all international passengers at airports by classifying them into three risk categories.

Passengers, who are symptomatic on arrival fall under risk category 1, those aged above 60 and have Symptoms fall under category 2. Those who fall in both these categories are being quarantined at designated facilities for 14 days from arrival.

Asymptomatic passengers arriving from any of the COVID-19 affected countries will fall under category 3 and will be advised to be under strict home quarantine for 14 days, Medical Education Minister Dr K Sudhakar said here on Sunday.

Bengaluru, Jan 3: Karnataka Chief Minister BS Yediyurappa on Friday clarified that Prime Minister Narendra Modi has assured him to consider all the demands made by his government.

"Prime Minister spoke to me personally and assured me of all help and suggested that I visit New Delhi and meet the concerned Ministers and apprise them about the state's problems and pending projects. He also directed me to prepare a detail report on this matter," Yediyurappa said in a statement.

He claimed that a section of media has misinterpreted his speech which was plain and honest towards the development of the state.

"A section of media has attached motive to my speech which was plain and honest in its content. Being in federal set up, there is nothing wrong with placing the facts before the Prime Minister and making submissions," the Chief Minister said.

"As a Chief Minister, I placed our state's problems and need for more funds for developmental activities. I pleaded before the Prime Minister for more funds to the relief work, the scientific and remunerative price for the farm produces, and special fund of Rs 50,000 crore for speeding up of on-going irrigation work. As it was farmers' meet, I felt it worthy and timely to plead the Prime Minister for more funds for all the developmental activities in the state," he said.

Asserting that Prime Minister Narendra Modi is a great visionary and his concern for the poor and farmers is unquestionable, he said: "When the whole world is appreciating his statesmanship and visionary zeal, it is in very bad taste for the media to attribute motives to my speech and relate it to the Prime Minister."

Yediyurappa requested media to show support to his government in the interest of the development of the state.

"I humbly request the electronic and print media not to misinterpret but support the government in the interest of the development of the state and interests of the people. I hope the media will respond to my request," he said.