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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.

Mangaluru, Jan 4 The International Kite Festival, will be the main attraction of the Karavali Utsav being held here from January 10-19.

Deputy Commissioner Sindhu Roopesh said on Saturday that a variety of cultural programmes are scheduled on the occasion of Karavali Utsav being organized by the DK District Administration at the Karavali Utsav grounds, Kadri Park and Panambur Beach.

Cultural programmes will be presented by budding local artistes of State, National and International fame. All facilities for the cultural programmes will be set up at the Kadri park and Karavali Utsav grounds.

The programme will begin with a cultural procession from Nehru Maidan on 10 January followed by the Inauguration at the Karavali Utsav grounds.

Managluru, May 15: Kannadigas in Saudi Arabia deserve more attention from the government amidst covid-19 crisis as they remit huge amount of money to their home state and ultimately get no benefit, opined U T Khader, Mangaluru MLA.

The former minister held a video conference with stranded Kannadigas in Saudi Arabia on May 15 and assured to do his best to convince the Centre to operate more repatriation flights from Saudi Arabia to Karnataka. 

He also said that he would urge the chief minister of Karnataka to announce a separate rehabilitation package for Indian expatriates who have lost their jobs in Gulf countries amidst covid-19 lockdown.

Mr Khader also interacted with two medical emergency patients and promised them to inform the Indian embassy in Riyadh to facilitate their homeward journey via Dammam-Bengaluru flight in the second phase of Vande Bharat Mission. 

Mr Khader expressed regret over the inept handling of passengers from Dubai at Mangaluru International Airport on May 12 and said that next batch of passengers would not face such problems on arrival.