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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, Apr 14: Former Karnataka Chief Minister Siddaramaiah on Tuesday demanded that BS Yediyurappa-led government should cut down on 'unnecessary' expenditures to mobilise funds to fight against coronavirus.

"Yediyurappa government needs to cut down on unwanted expenses which government is spending on several things in order to save the taxpayers money to fight against coronavirus," said Siddaramaiah here in a press conference.

He alleged that the ruling state government is indulged in corruption due to which the government is running bankrupt, adding that instead of mobilising funds, Yediyurappa government is only concentrating on auction of Bangalore Development Authority (BDA) sites.
Siddaramaiah claimed that the "BDA was already in loss".

"The present government does not have money due to its involvement in corruption. The Karnataka government must concentrate on cutting expenses and there is no need to waste money on unwanted things including vehicles for board and corporations chiefs," said the Congress Legislature Party (CLP) leader.

"Yediyurappa government has decided to auction more than 12,000 BDA sites to get benefit of Rs 15,000 crore, rather than fullfiling requirements of people of the state at the time of coronavirus crisis," he said.

In Karnataka, 247 people have tested positive for coronavirus, including 59 cured and discharged and 6 deaths, according to the Union Health Ministry.

Hubballi, Apr 16: Police have seized a vehicle carrying nine members of a family from Dharwad for misusing the travel pass issued by the district administration in Narendra Village and sent them for Quarantine.

Deputy SP Ravi Nayak and his team stopped the vehicle at Narendra village, in the outskirts of the city and found out that they were from Uppina Betagiri village returning from a wedding function using government pass issued for medical reasons.

The police seized the vehicle and sent them to KIMS hospital for a medical check-up. Their swab samples have been collected and sent for testing. The police have asked them to go for a compulsory home quarantine for 14 days.