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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 10: Senior Congress leader DK Shivakumar on Sunday hit out at the BJP and RSS for taking out a route march in Ramanagara against the controversial Jesus Christ statue.

“Just because the BJP won 25 seats in the Lok Sabha polls, Congress workers need not lose hope. If the Congress and JD(S) had worked out a better strategy, the BJP would not have won even 10 seats. We will correct our mistakes,” the former Congress minister said.

After the Lok Sabha polls, the BJP has failed to do well in assembly polls and has been losing power in many states. People are hitting the streets protesting against its policies such as CAA and NRC, he said.

Accusing the BJP and RSS of not being able to digest Congress’ victory in the Bengaluru Rural Lok Sabha segment in the 2019 Lok Sabha polls, he said that the BJP is trying hard to make inroads into the constituency represented by his brother D K Suresh. “Let them take out route march, we don’t care,” he said.

“We all know what the BJP did during the Lok Sabha elections, and the media reported how much money they spent in the elections. What was the Election Commission doing? Was the Income Tax Department sitting with its eyes closed? Why did they conduct raids only in Hassan, Shivamogga and Mandya districts,” he asked.

He alleged that false cases were slapped when him and other leaders, including H D Kumaraswamy, Siddaramaiah, G Parameshwara and Dinesh Gundurao.

Bengaluru, May 3: Karnataka Chief Minister BS Yediyurappa on Sunday said that his government has allowed labourers to travel to their hometowns in the state on KSRTC buses free of charge for three days starting on Sunday.

"Labourers have been allowed to travel in KSRTC buses free of charge from the district centres and capital Bengaluru to their hometowns in Karnataka for three days from today," Yediyurappa said.

"The government will bear the cost of travel. The concern is that a large number of labourers should not assemble at any bus stop," he added.

The Ministry of Home Affairs (MHA) on May 1, issued an order to extend the ongoing lockdown by two more weeks from May 4 and also allowed the movement of migrant workers, tourists, students and other persons stranded at different places, by special trains.