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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 4: The CBI has booked Karnataka cadre senior IPS officers Hemant Nimbalkar and Ajay Hilori along with eight others in connection with Rs 4,000-crore I-Monetary Advisory (IMA) scam in which gullible investors were allegedly cheated in the name of Islamic banking, officials said on Tuesday.

The move came after the CBI received an approval from the Karnataka government to proceed with investigation into alleged role of 1998-batch IPS officer Nimbalkar and 2008-batch IPS officer Hilori, they said.

Along with the two officers, the agency has also named the company IMA, its founder Mansoor Khan and others in the case.

The CBI had approached the state government seeking permission to proceed against the two officers who are in senior positions in the Karnataka Police and allegedly helped IMA founder Masoor Khan, they said.

Bantwal, Jun 16: Two unmarred siblings committed suicide by self-immolation at Sangabettu in Bantwal taluk of Dakshina Kannada last night.

Neelayya Shettogar (42) and his sister Kesari (39) poured petrol on themselves before torching themselves at around 11 p.m. on June 15 inside a room of their house, police sources said. The siblings were reportedly facing health problems.

Neelayya's brother and latter’s wife were sleeping in the other room of the same house when the incident took place. They came to know only when they heard the screams of the duo.

Even though the siblings were rushed to the government hospital at Bantwal with the help of locals, the doctors declared them dead.

Bantwal rural police sub-inspector, Prasanna and staff visited the spot as part of investigation.