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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, Apr 28: With fresh guidelines on the COVID-19 lockdown expected soon, Karnataka Chief Minister B S Yediyurappa on Monday chaired a meeting with key ministers, officials and Deputy Commissioners of districts and discussed about re-starting economic activities in the state, as he took stock about of the pandemic.

"At the video conference with DCs, CM took stock of COVID-19 situation and measures taken to control its spread. Discussions also happened regarding starting of certain economic activities in parts of the state," official sources said. The state government would take any decision in this regard after the Centre issues fresh guidelines or directives, they said, without elaborating.

The meeting came hours after Prime Minister Narendra Modi held a video conferencing with Chief Ministers to discuss the situation arising due to COVID-19 in the country, which is under lockdown since March 25 to contain the pandemic. Only nine chief ministers spoke in the virtual meeting with the Prime Minister and Yediyurappa did not get an opportunity.

A senior Minister, who attended the meeting told PTI, necessary directions regarding the lockdown after May 3, they were likely to come in a couple of days.

"Most of the Chief Ministers wanted the lockdown to continue to contain the spread.... nothing concrete emerged, but we expect the necessary directions will follow in couple of days. This is what we expect after seeing what has happened as a followup to three to four such video conferences in the past," he said.

The Minister said the larger opinion was that the current measures should continue and interstate or inter-district movement should not be allowed. Regarding movement within the districts that are green zone, some decision may be taken soon, he said, adding the Prime Minister also asked states to concentrate on reforms, aimed at attracting investments in the days to come.