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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 6: Karnataka Chief Minister B S Yediyurappa said that portfolios for the 10 new ministers who sworn in on Thursday will be allocated by February 8.

Speaking to media persons, he said that he will go to Delhi in the coming days and the date of his visit will be finalised soon.

He is expected to meet the high command again to finalise the list of BJP MLAs for three berths in the Cabinet.

Bengaluru, Jul 7: There seems no impact of Covid-19 on kharif crop sowing in Karnataka with the current year actually being ahead of previous years, according to an official here on Monday.

"In agriculture, as far as sowing is concerned, there is no impact of COVID-19," Agriculture Commissioner Brijesh Kumar Dikshit told IANS. One of the reasons, according to Dikshit, is that people in rural areas are aware, but not scared of the pandemic.

"In rural India, coronavirus is there. People are aware, not scared. They are taking precautions, but don't have any phobia," he said.

Another reason was that by June the number of infections in Karnataka was not as high as other states, when a lot of sowing was done, he said.

By the end of June, Karnataka saw 15,242 Covid-19 cases. Of that, 7,074 were active.

The sowing is ahead of previous year as it's mostly dependent on weather. "It's ahead of previous years. Agriculture is directed by weather and rains had been slightly earlier this year," he said.

According to Karnataka State Natural Disaster Monitoring Centre, at 185 mm the state received 14 mm less rain in June against the normal 199 mm. "It's like a normal year, or slightly a good year," he said.

Some crops will be sown in the last fortnight of July and few more will extend up to August 15. "The last two weeks will be critical and on July 31 we should be able to tell whether we are short or ahead," he said.

According to preliminary indications, the Commissioner said the area under agriculture is increasing this year, which could also be because that labourers might have come back.