Karnataka becomes first state to give legal protection to those who help accidents victims

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 14: After the swearing-in of ten former JDS and Congress MLAs, political boundaries seem to have become more fluid, with little clarity on who is on whose side. When Honnali BJP MLA Renukacharya visited senior Congressman DK Shivakumar at the latter’s residence, many eyebrows were raised over the reason behind the meeting. There was speculation over why Renukacharya would be meeting a man who is, in all likelihood, slated to be the next KPCC president.

Renukacharya reacted to the rumours by making the meet sound purely professional. He said, “We have a three-day Krushi Sammlan in Honnali, and I went to invite him (DKS) for it.’’   Shivakumar also remained tight-lipped over the real reason behind the meeting, and corroborated Renukacharya’s story. However, insiders claim that the two discussed other issues too. It may be recalled that Renukacharya had openly rebelled against Yediyurappa in 2009.

Tumakuru, Jan 3: Chief Minister B.S. Yediyurappa, who has drawn flak for the Centre releasing “inadequate” flood relief to the State, on Thursday asked Prime Minister Narendra Modi for additional relief during his speech at a farmers’ convention in Tumakuru.

The Chief Minister even said, “I have brought this to the notice of the Prime Minister three or four times, but till now no additional relief has been sanctioned. I request him with folded hands to release it soon,” in Kannada. The Prime Minister, who spoke later at the event, however, did not respond to the Chief Minister’s request in his speech.

Mr. Yediyurappa said the State had witnessed losses to the tune of over ₹30,000 crore because of floods.

‘Stress on irrigation’

Addressing farmers at one of his main support bases of Tumakuru, the Lingayat strongman advised the Prime Minister that his dream of doubling farmers’ income by 2023 could become a reality only if he focused on “providing scientific price to farm produce, bringing water to farms through irrigation, and by interlinking rivers”.

Mr. Yediyurappa’s remarks made at a programme to release the fourth instalment of the Pradhan Mantri Kisan Samman Yojana, a farm subsidy cash transfer scheme of the Union government, have raised eyebrows.

Stressing on the key role of irrigation schemes in farmers’ welfare, he sought a special package of ₹50,000 crore for completion of long-pending projects in Karnataka.

The five-minute-long speech is being seen as an attempt by the Chief Minister to assert himself within the party by publicly putting even the Prime Minister on the mat. This comes in the wake of the BJP suffering defeats in multiple States and the party’s victory in the recent bypolls in the State under Mr. Yediyurappa’s leadership, both of which have only strengthened the Chief Minister, sources in the party said. “We are curious as to how the party high command will now deal with this public assertion in front of the Prime Minister,” a senior party leader said.

The Chief Minister has been reportedly “deeply unhappy” over the delay in the flood relief by the Union government and also the “inadequate” amount released. The Opposition has attacked him over lack of adequate Central relief, which was interpreted as the BJP central leadership’s reported unhappiness with him. The Chief Minister had then said he was doing a “tightrope walk”.

After a delay of over two months, the Centre released ₹1,200 crore as flood relief in October 2019.