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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 8: Karnataka Chief Minister B S Yediyurappa said his government is clear in its stand on extending every possible help to the farmers. The Chief Minister spoke to the farmer-leaders of the state, who wanted their concerns to be heard and addressed, with regard to the problems the agrarian community has been facing in the wake of the COVID-19 lockdown.

"We will soon make our position clear on supporting the farmers. We will not allow any hindrance to come in the way of agriculture activities," Yediyurappa told the farmer- leaders.

The Chief Minister told the delegation that the pre-monsoon activities are in full swing in the state.

The government has also set up help centres and been providing agriculture equipment on rent, the Chief Minister said. In most of the places, at least 80 per cent of the standing crops have been harvested.

Arrangements have been made to bring equipment from neighbouring states to harvest the standing crop, he said.

Yediyurappa said fertilisers and seeds are available in abundance in the state.

He informed the farmer-leaders about the arrangements made to transport flowers, vegetables and fruits to other states.

Similarly, the market has been developed for the farmers to sell their products, said the Chief Minister.

He said the government is working out a compensation for farmers who lost their crops due to hailstorm in Raichur, Koppal and Ballari. Agriculture Minister B C Patil, Horticulture Minister Narayana Gowda, Revenue Minister R Ashoka, Chief Secretary T M Vijay Bhaskar and Development Commissioner Vandita Sharma were also present in the meeting.