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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 15: Police on Wednesday conducted surprise raids at nearly 120 shops in Bengaluru following complaints of black marketing and sale of foodgrains above the MRP rate.

Sandip Patil, Joint Commissioner of Police, Crime, Bengaluru in a tweet said that action has been initiated against these shopkeepers.

Though the government has maintained the supply chain of essential items, few shopkeepers have used the lockdown opportunity to charge higher prices for essential items.

Belagavi, Jan 17: Maharashtra Minister of State for Public Health, Medical Education, FDA and Textiles Rajendra Patil-Yadravkar who had come here to participate in the martyrs day programme of Maharashtra Ekikaran Samiti (MES) was detained by the police and escorted back till the state borders on Friday.

MES had organised its annual martyrs day programme at Hutatma Circle here. Its leaders had earlier been asked by the District Administration and City Police to ensure that none of the political leaders from Maharashtra participate and create law and order problems by their anti-state statements.

Patil had managed to sneak into the city through a route which was not manned by the police. He came in an auto-rickshaw to the programme venue.

Police personnel present for security took him into their custody and later escorted him till the state’s borders with Maharashtra at Kognoli on the Pune-Bengaluru national highway.

MES leaders alleged that the police personnel violated protocol while taking the incumbent minister into their custody and they also roughed him up.

All vehicles entering the city from different routes and particularly from Maharashtra were screened to confirm that political leaders from the neighbouring state do not participate in the martyrs day programme and create problems by their statements that also affect law and order along with linguistic harmony.

It was not known if Patil had landed in the city on Thursday and managed to reach the programme venue without getting noticed by using an auto-rickshaw.