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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 19: Congress leaders BK Hariprasad and Naseer Ahmed filed their nominations as party candidates for Legislative Council elections in Bengaluru and KPCC chief DK Shivakumar said that the two leaders have been given ticket to strengthen the party with their guidance.

"The Legislative Council means the Upper House and the Elders House. We have unanimously agreed to select and send these two senior leaders to discuss the party organization and various issues of the state in Legislative Council. There were plenty of aspirants to enter the Upper House. But it is decided to elect these two leaders and they will contest the election," Shivakumar said.

"We need seniority to guide us... That's the reason we are selecting these leaders... The high command has given these senior leaders the opportunity to discuss with all our leaders about strengthening the party," he added.

The elections are scheduled to be held on June 29.

Bengaluru, May 7: Karnataka Minister for Labour Shivaram Hebbar, on Thursday, ordered issuance of notice to employers who have not paid salary to the workers during lockdown period amid Coronavirus threat in the state.

The Ministry has also directed serving notice to those employers who have reduced the wages of the workers in April '20, official sources told UNI here.

State Chief Minister B S Yediyurappa had appealed to the employers not to retrench any employee from the job because of their failure to attend to work because of Coronavirus which is spreading like wildfire and since they have been asked to remain in the house.