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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, Jan 22: JD(S) president HD Kumaraswamy on Wednesday termed the surrender of the accused in the alleged planting of an explosive at Mangalore Airport as another act of a drama and said that the incident should serve as an Eye-opener for the Prime minister Narendra Modi over the prevailing unemployment problem in the country.

Addressing a press conference, the Janta Dal (Secular) leader said that the surrendered man, who had allegedly planted explosive at the airport, was an employed youth and PM needs to address the prevailing unemployment problem in the country.

The former chief minister said that the accused have higher education qualifications and belonged to the Hindu community, disapproving that only people belonging to the Muslim community resort to violence.

Mangalore, Jun 3: One man was arrested by the Crime Branch of city police from Mangalore for allegedly having links with gangster Ravi Pujari, Joint Commissioner of Police (Crime) Sandeep Patil said on Wednesday.

According to the police, the man identified as Ghulam has been sent to 10-day police custody.

"During the investigation of a case related to Ravi Pujari, it was found that one Ghulam is a close associate of Pujari and had helped him in extortion and other illegal activity. Ghulam was arrested from Mangalore. He was produced before a court and sent to 10-day police custody," Patil said.

The senior police officer said that further investigation is on in the matter.

Pujari, who was wanted in several cases including ones related to heinous crimes like murder and extortion, was brought to Bengaluru earlier this year from Senegal. He had reportedly gone underground two decades ago and had allegedly been carrying out illegal activities from abroad.