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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 2: The monthlong budget session beginning on Monday, which will mark BS Yediyurappa’s maiden budget in his fourth term as chief minister, is expected to be a fiery one.

The opposition JD(S) and Congress have already threatened to stall proceeding until BJP legislator Basangouda Patil Yatnal apologises for his controversial remarks against freedom fighter and centenarian HS Doreswamy. Yatnal had called him a fake and a Pakistani agent.

Disruptions are also likely to pose a threat to speaker Vishweshwar Hegde Kageri’s novel idea of having a two-day discussion on the Constitution of India to commemorate 70 years of the country’s Independence.

Both opposition parties have scheduled legislature party meetings early on Monday and they could coordinate on issues on the floor of the house to put the BJP — especially Yediyurappa — on the backfoot.

Yatnal is not known as a “hardliner”, but his attack on Doreswamy has garnered support from several ministers including CT Ravi, KS Eshwarappa and V Somanna. Yediyurappa may have a hard time defending his party’s line.

The BJP is yet to schedule its legislature party meeting, but MLAs suggest the party will allow the issue to be raised and debated in the legislature. “Both have expressed their point of view. Let there be a discussion on the matter, but not allowing the house to function will only be a waste of the state’s time and money,” said deputy chief minister CN Ashwath Narayan.

Besides the Doreswamy issue, Yediyurappa will also deliver his reply — postponed from February 20 — to the debate on the governor’s address. The issue of student Amulya Leona Narona’s arrest on a charge of sedition, the Bidar sedition case involving a parent of a school student, pro-Pakistan writings on walls in places in north Karnataka, introduction of NPR and the anti-CAA stir is also likely to feature during the lengthy session.