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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.

Indore, Jan 24: Bharatiya Janata Party (BJP) leader Kailash Vijayvargiya on Thursday said that he suspected that there were some Bangladeshis among construction labourers who worked at his house recently.

Their “strange” eating habits aroused suspicion about their nationality, the BJP general secretary said at a seminar in support of the Citizenship Amendment Act (CAA) here.

When a new room was being added at his house recently, he found “eating habits” of some of the workers “strange” as “they were eating only `poha’ (flattened rice)”, he said.

After talking to their supervisor and the building contractor, he suspected that these workers were from Bangladesh, the BJP leader said.

When reporters questioned him later, Vijayvargiya said, “I suspected these workers were residents of Bangladesh. Two days after I became suspicious, they stopped working at my house. I have not filed any police complaint yet. I only mentioned this incident to warn people,” he said.

Speaking at the seminar, Vijayvargiya also claimed that a Bangladeshi terrorist was keeping a watch on him for the last one and a half years.

“Whenever I go out, six armed security personnel follow me. What is happening in this country? Will outside people enter and spread so much terror?” he asked.

“Don’t get confused by rumours. The CAA is in the interest of the country. This law will provide asylum to genuine refugees and identify intruders who are a threat to the country’s internal security,” he added.

Bengaluru, Apr 12: Former chief minister H D Kumaraswamy on Sunday appealed to the Central government to announce the rent rebate scheme for the benefit of tenants in the wake of economic activities coming to a grinding halt due to COVID-19 related lockdown.

In a series of tweets, Kumaraswamy said people are facing difficulty in paying rent as usual and hence the rent rebate scheme should be initiated.

"Many countries have already announced rent rebate scheme for tenants during COVID19 emergency. It is surprising that Indian Govt has not announced any such relief even to residential tenants. I urge the PM to immediately come to the rescue of everyone living in rented housing," Kumaraswamy tweeted.

He said a considerable workforce and students in metropolitan cities live in hostels and rented houses.

As all economic activity has come to a grinding halt, it is very difficult for them to pay the rent as usual.

The Prime Minister must announce rent rebate scheme, he added.

Highlighting the plight of the tenants, Kumaraswamy said, "If the landlords insist on rent, the tenants cannot even go searching for new accommodation due to the emergency. Hence the government intervention is essential. The PM must announce a comprehensive national rent rebate scheme for COVID-19 emergency."