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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, Mar 13: Several ministers staying at the Bengaluru resort had been emotionally pressurised to leave the Congress party, said Congress leader Jitu Patwari on Thursday after he was rescued by party leader DK Shivakumar from getting arrested due to the scuffle that had broken out at Embassy Boulevard here.

"We had received information that one of the MLAs, Manoj Chaudhary, staying at the Boulevard wanted his father to bring him back home," Patwari told reporters.

He said, "We had accompanied Manoj's father to the resort but the moment we entered the restaurant at the resort, some miscreants took away Manoj to some other unknown place," Patwari told reporters.

"Meanwhile, we (Lakhan Singh and Jitu Patwari) were manhandled and taken to the police station," he added.

Patwari said that the police had started the process of arresting them but Shivakumar came to their rescue and stopped their arrest.

He further said, "The police manhandled us even though we tried to talk to them in a very calm manner."

"If the MLAs giving resignation was their decision then why is the BJP not allowing them to contact their families," the MP said.

He further said that Jyotiraditya Scindia would soon become a minister but "why are the other ministers being made scapegoats."

Earlier in the day, a Congress leader in Madhya Pradesh had said that if action on the assaulters of its two leaders is not taken then the matter will be taken to the court.