Nalin Kumar Kateel replaces BSY as Karnataka BJP chief

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, Jul 16: Chief Minister B S Yediyurappa led state government’s move to amend the Karnataka Land Reforms Act was “a scam bigger than illegal mining” as farm lands worth Rs 50,000 crore will be lost, according to Leader of the Opposition Siddaramaiah.

The government on July 13 promulgated an ordinance to amend the Karnataka Land Reforms Act, allowing non-agriculturists to buy agricultural lands while also increasing the cap on the extent of such land a person or a family can hold.

Plus, the amendment will have retrospective effect, meaning over 13,000 cases registered over the years for alleged violations in acquiring farm lands will be vacated or dismissed.

“There are 13,814 cases across all 30 districts. Let’s assume that each case involves four acres of land. That’s 52,000 acres. These are lands worth Rs 45,000-50,000 crore,” Siddaramaiah told a news conference. “This is a scam bigger than illegal mining. While the mining scam had specific players, here the entire government has fallen for the corporate bodies and real estate lobby.”

The illegal mining scam unearthed when the BJP was in power was pegged at Rs 35,000 crore, which became a poll plank for the Congress to come to power in 2013.

Calling it a “black” legislation, Siddaramaiah said the amendments to the land reforms law will result in large portions of farm lands becoming real estate. “This will destroy the farming community. They’ll now have to stand at the doors of corporate bodies. Farmers will sell their land and real estate will come. What’ll happen to food production?” he said.

The ordinance amends Section 63 and 80 of the Act, while omitting Sections 79A, B and C. “These sections were inserted in 1974 under the D Devaraj Urs government. It was a revolutionary, progressive step to protect farmers and ensure social justice,” Siddaramaiah said.

The Congress leader claimed that there was a “biggest conspiracy” behind this. “All this is being driven by the Modi government. They want to privatize more and more so that reservations will go. They want to bring back the zamindari system,” he said, citing the examples of some other recent amendments to other laws.

The timing of the ordinance is suspect, he said. “If the Yediyurappa government really wanted to help farmers and had good intentions, they could’ve brought this before the Assembly or placed it for public discussion. Instead, they’ve made use of the lockdown period to promulgate the ordinance,” he said.

The Congress will fight the ordinance till it gets withdrawn, Siddaramaiah said. “We will talk to other parties, farmers organisations and Dalit groups to plan protests against the BJP’s hidden agenda and anti-farmer policies,” he added.