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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.

Gokak, Jul 25: A JMFC magistrate here issued summons to the Chief minister B S Yediyurappa in relation to a complaint for the alleged violation of election code of conduct, during by-elections to the Gokak Assembly seat held last year.

According to official sources, a complaint had been registered against Chief minister B S Yediyurappa during the election campaign, under the People Representative Act, for allegedly wooing voters during electioneering.

The Gokak Police, who had investigated the case, however had submitted a 'B' report to the court letting off the Chief minister from the charges.

However the Magistrate, rejecting the Police report, had maintained that there exists prima facie case against the accused and issued summons to appear before the court on September one, the sources added.

Mangaluru, July 1: The district administration has imposed prohibitory orders under Section 144 in entire Dakshina Kannada between 8pm and 5am in the entire month of July.

Notice in this regard was issued today by Deputy Commissioner Sindhu B Roopesh. The order will come into force with immediate and will be in place ill July 31, the DC said.

The decision was taken days after Karnataka government took steps to tighten covid restriction and imposed lockdown from 8pm to 5am. 

Under the imposed Section 144, the presence or movement of one or more persons in public places are prohibited. Besides, the gathering of any sort anywhere, including religious places subject to certain conditions in view of the COVID-19 pandemic will also be restricted.