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: District administration in Kalaburagi, where the first death in India due to COVID-19 was reported, has identified over 25 people, who come close to the deceased and quarantined for observation, Minister for Health B Sreeramulu said on Friday.
In reply to a debate on the issue during Zero Hour of the Legislative Assembly, the Health Minister said that two members of the victim’s family and 23 others are suspected of COVID-19.
Mr. Sreeramulu said all the schools of the district have been as a preventive measure to contain the deadly virus.
Bengaluru, Mar 7: Karnataka Chief Minister BS Yediyurappa on Friday said that the Upper Krishna Project (UKP) will be completed within the next three years.
Speaking in the Assembly, the Chief Minister said: "After discussing with the officials of the finance department, we have decided to allocate Rs 10,000 crore funds for the third phase of UKP. This project will be completed within a span of three years."
Yediyurappa also said that the government will hold talks for additional funds from the Central government.
The leader of Opposition, Siddaramaiah, interrupted and said that the CM has announced this just to gain the confidence of MLAs from north Karnataka.
"The government could have announced it in the budget itself or else the Chief Minister could have announced it at the time of discussion on the budget. Where are the funds with the government to complete the project? CM has announced this just to gain the confidence of MLAs who hail from north Karnataka," said Siddaramaiah.
Deputy Chief Minister Govinda Karajol while speaking to the media welcomed the Chief Minister's statement and said that the earlier government didn't allocate a single penny in the last seven years he added.
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We are already facing lot of problems here without food and money.
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