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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 27: Former Prime Minister H D Deve Gowda on Monday demanded that the Karnataka government announce a special package for farmers who are on the verge of quitting agriculture as their profession following losses due to the COVID-19 pandemic.

"Please announce special package for the farmers to bail them out of the loss due to the lockdown.

Drop many of the schemes in the budget but don't leave the farmers in distress," Gowda said in his letter to Chief Minister B S Yediyurappa.

The JD(S) supremo said the way relief has been announced for the milk producers by procuring the unsold milk and distributing it to the slum dwellers, the same assistance should be provided to the farmers of the state.

"If you don't come forward to assist the farmers, then they will be forced to sell their land," Gowda cautioned the Chief Minister.

The former prime minister said the farmers are on the verge of falling in the debt trap and may be compelled to take the extreme step of suicide due to the losses.

Gowda said the farmers are unable to sell their crop because they are not getting proper price for their produce and are selling their crop at a throwaway price to minimise their losses.

"In just one month farmers reached the brink of bankruptcy as they are unable to sell the standing crops in lakhs of acres of land," Gowda said.

The JD(S) supremo has been championing the cause of farmers in the state and highlighting their sufferings.

On April 3 Gowda has appealed to Prime Minister Narendra Modi to look into the plight of farmers, labourers and the middle class people due to the lockdown.

"In such times of crisis, we should see to it that there is no disruption in farming activities by ensuring proper marketing channels to agricultural produce, especially perishables.

Only then we can sustain our long battle against this pandemic," Gowda said in a tweet.

Mangaluru, Jan 5: Against the backdrop of Mangalore violence of December 19, Additional Director General of Police of Karnataka Amar Kumar Pandey visited the city and held a meeting with senior police officers.

According to senior police officials here on Sunday, Dakshina Kannada and Udupi District Muslim Central Committee had planned to hold a protest against CAA at Nehru Maidan while the SKSSF had called for anti-CAA protest at State Bank area.

Though both the protests had been called off, there was an apprehension of a repeat incident of December 19 violence and hence the ADGP visited the city at the behest of state government and monitored the situation here for the entire day on Saturday.

The ADGP was unhappy that despite initial inputs and the imposition of Section 144 in the city, the situation on that day escalated to a level where police had to resort to firing only in this city.