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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, May 25: The 36-hour marathon lockdown call given by Karnataka Chief Minister B S Yediyurappa, passed off peacefully with people opting to remain inside their houses and cooperate with the state government to fight against spread of deadly Covid-19.

Though the call was only for 24 hours from 7 am (Sunday) to 7 am (Monday) another 12 hours was added to it as the night curfew was already in force from 7 pm on Saturday and the next day (Sunday) it continued till Monday up to 7 am.

Autorickshaws and bus service were off the road giving a tough time to people arriving from neighbouring places reach home that too during the night. Adding to their woes was heavy rain that lashed the city for more than two hours on Sunday evening flooding the streets.

Bengaluru, May 4: Former Karnataka chief minister HD Kumaraswamy on Sunday said that the health of the migrants who have been allowed to move, should not be jeopardized and appropriate tests must be conducted.

"The task was to send the workers to their places. However, their health should not be jeopardized. This decision made for their benefit should not be a travesty for them. There will also be physical interference on the buses and appropriate tests must be done," said Kumaraswamy.

"The lockdown, which was implemented without any prerequisites, is now loosened without warning. The state government, which has allowed migrant workers to move to the city, has mobilized large numbers of people. By this, the government is playing with their health," he added.

He continued saying that the government should not lose out on an unscientific move that resulted in the loss of thousands of crores of rupees from a custodial lockdown.

"Workers and villages must be sober. The government must take all necessary precautions in this regard," he added.