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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, May 4: Booze lovers ushered in the resumption of liquor sales in a spirited fashion in Karnataka onMonday thronging stores hours before shutters went up at severalplaces and made no secret of their celebratory mood.

At some places, they flocked liquor shops even before day-break and performed "special prayers" with flowers, coconuts,incense sticks, camphor and crackers in front of the stores.

Liquor outlets had been shut in the State from March 25 following the lockdown due to the COVID-19 pandemic.

Excise revenue loss during the period was about Rs 2,500 crore, according to government sources.

About 4,500 standalone liquor outlets (CL-2 and CL- 11licence holders), which comprise wine stores and those owned bystate-run Mysore Sales International Limited, outside containmentzones were allowed to be opened from Monday from 9 am to 7 pm withsome restrictions.

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These include customers compulsorily wearing of facemasks andmaintaining social distancing with not more than five people inside liquor shops.

Many customers were indeed well-prepared.

At many places, they came with umbrella, raincoat, newspapers and books and queued up as early as 3 am.

At a liquor shop in Salegame Road in Hassan, the tipplers lit the traditional lamp and incense sticks, performed 'aarati'with camphor and decorated the store with the garland of flowers.

With folded hands, they all performed 'special prayers'.

In Mandya, the tipplers queued up before Martaanda liquor shop before dawn.

An hour before the sales were to resume, a few people burst crackers in celebration.

Some tipplers in Belagavi were more "enterprising."

They wentto a liquor store on Sunday night itself, performed special prayersand placed their "representatives" in the form of slippers, bags and stones in the "social distancing boxes" they themselves had drawn sothat they don't have to stand in queue in the morning.

An elderly woman Dakamma was the centre of attraction in Shivamogga.

The bent body did not bend the determination of this spirited lady, claimed to be 96-year-old, who was heard saying "liquor is goodfor health."

At the taluk headquarters town of Brahmavara in the coastal Udupi district, the queue of the booze lovers was reported to be almost half-a-kilometre.

Long queues were seen at liquor stores at Mariyappana Palya and K R Puram, among others, in Bengaluru.

The store managers too were no less cautious while dealing with customers in the COVID era.

They let the customers enter after spraying sanitisers in their hands, and allowed only those who hadworn masks and maintained social distancing.

To maintain law and order, authorities had deployed policemen in good numbers at these stores and they were seen on duty ensuring  that customers maintained social distancing.