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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 26: Congress leaders on Wednesday staged a protest in front of Mahatma Gandhi's statue at Vidhana Soudha here against BJP MLA Basanagouda Patil Yathnal's alleged remarks accusing freedom fighter HS Doreswamy of being a "Pakistani agent".

Former Chief Minister and senior Congress leader Siddaramaiah, KPCC working president Eashwar Khandre also joined the protest.

Yathnal on Tuesday called Doreswamy a fake freedom fighter and a Pakistani agent, while addressing the media.

His comments triggered a controversy drawing sharp remarks from Congress and other parties.

Congress has demanded an apology from Yathnal and has also urged that his Assembly membership be cancelled.

"Session proceedings will not continue until Yathnal apologises," said senior Congress leader HK Patil while addressing the protest earlier today.

Siddaramaiah asserted that making "provocative" comments against such a freedom fighter is obnoxious.

Former KPCC president Dr G Parameshwar said: "Yathnal is a criminal who had mentioned in his election affidavit that he had 27 cases against him. He has made such loose comments against the freedom fighter. He should apologise for his remarks."

Bengaluru, Jul 9: Karnataka Chief Minister B S Yediyurappa on Thursday said the Covid-19 situation was “getting out of control a little” in some parts of the state, but assured citizens that authorities were taking necessary steps. 

“In some districts, it’s getting out of control a little. But the district administration and police are working day and night,” Yediyurappa said before the Cabinet meeting where the Covid-19 situation will be discussed. 

Speculation is rife that the government might consider stricter measures to curb the movement of people to try arresting the rising number of Covid-19 cases. 

Later in the day, Yediyurappa is slated to inspect the Bengaluru International Exhibition Centre, which has been converted into a Covid Care Centre with 10,000 beds. The chief minister said he had ordered “immediate” arrangement of more ambulances for Bengaluru, where cases are rapidly shooting up. 

“A team from the Centre had come. They’ve made some observations and they also appreciated us for some of the things we’ve done,” he added. 

On Friday, Yediyurappa has convened a meeting of all Bengaluru ministers, legislators, MPs and councillors to discuss the Covid-19 pandemic in the city.