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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, Feb 6: A flower vendor from Channapatna town in Karnataka got a shock of his life when he found a credit of Rs 30 crore in his wife's bank account. This happened when Syed Malik Burhan was struggling to meet expenses for a medical emergency in the family.

According to reports, bank officials knocked on his doors on December 2 asking him to explain how the money came to his account.

"On December 2, they came searching our house. They only said a huge amount has been deposited in my wife's (Rehana) account and then asked me to come to the Bank along with my wife carrying Aadhaar card," Mr Burhan said.

He claimed that the Bank staff sought to exert pressure on him to sign on a document but he refused. Mr Burhan recalled that he had purchased a saree through an online portal following which he received a call seeking his bank details which, he was told, were needed as he had won a car.

"Since then, we are running from pillars to post to find out how the money came to our account. We had only Rs 60 but suddenly such huge money came, which we are unable to understand," said Mr Burhan.

Mr Burhan said he had lodged a complaint with the Income Tax department, which he claimed was not keen on investigating it initially. Based on his complaint, the Channapatna town police in Ramanagara district registered a case of forgery and impersonation under the IPC besides the Information Technology Act for cheating and impersonation on January nine.

According to police, there were many financial transactions, which Mr Burhan may be unaware of. "We are trying to find out what these transactions mean. We will arrest whoever is behind it. We will not spare them," said a police officer in Channapatna.

Mangaluru, Jan 16: The Akhil Bharatiya Vidyarthi Parishad is holding rallies and meetings and distributing booklets across the country in support of the Citizenship (Amendment) Act, said ABVP National Secretary Harsha Narayan here on Thursday.

Speaking to media persons, he said that the CAA, which provides citizenship to Hindus, Buddhists, Sikhs, Parsis, Jains and Christians persecuted in Pakistan, Afghanistan and Bangladesh, was among the things that the ABVP was fighting for.