Corruption free govt our aim; NDA winning majority no doubt: Nirmala

Bengaluru, Jan 24: The JD(S) is looking to leverage anti-Citizen (Amendment) Act (CAA), National Register of Citizens (NRC) and National Population Register (NPR) sentiment sweeping the country to revive itself and will hold protests in Bengaluru and New Delhi.

The Bengaluru protest is scheduled for Friday. At a meeting of party workers in Bengaluru on Thursday, party patriarch HD Deve Gowda and former chief minister HD Kumaraswamy urged the rank and file to participate in the rally to send out a loud and clear message to the BJP.

"The BJP has set out to make Muslims second-grade citizens. India has 40 crore Muslims, can these communal forces eliminate them all?" Gowda said in his address. "We should have the guts to launch a massive protest at Jantar Mantar. We should be prepared to go to jail in the fight against [Prime Minister] Narendra Modi and [Union home minister] Amit Shah."

Gowda said he will lead the rally in Delhi and urged secular parties to unite to take on the BJP. "It is important that regional parties, which share a secular ideology, unite on a common agenda and fight the BJP. Bihar, Kerala and Odisha have said they will not implement CAA. The sentiment is likely to spread to other states," Gowda said.

Kumaraswamy said not only Muslims but many other communities will also bear the brunt of BJP’s "divisive politics". "This pair of Hakka-Bukka [Modi and Shah] is not targeting Muslims alone," he said. "For them, all communities other than upper caste Hindus are inferior Shudras. They will treat even Lingayats, Vokkaligas and Dalits with the same contempt."

The former CM made a special appeal to Lingayats, who generally back the BJP, to stop supporting the saffron party’s caste-oriented politics. "You had appreciated my farm loan waiver scheme and promised support in the elections. But, the results were contrary to that," he said.

The JD(S) passed three resolutions including one to condemn the Centre for enacting CAA. The others were to protest against the Centre’s indifference to the floods in the state and the failed economic policy of the Centre.

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.