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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.

Shivamogga, Jun 13: Senior BJP leader and Karnataka Minister for Rural Development and Panchayat Raj, K S Eshwarappa on Saturday opined that during the selection of candidates to the legislative council, the party needs to take into consideration those who helped the party in formation of government in the State.

Speaking to media persons on the sideline of a programme here, he said the party high command would give another surprise while issuing tickets during the MLC election.

Mr Eshwrappa said that party high command will take a call on selecting candidates, but priority should be given to the leader who won on Congress and Janata Dal and then jumped to BJP which helped to form govt under the leadership of B S Yediyurappa.

Bengaluru, Jun 8: Facing a shortage of labour, some top builders in the city have initiated efforts to bring back the migrant workers, who have returned to their native places following the COVID-19 lockdown, and are holding parleys with Railway authorities for operation of special trains to ferry them.

After the lockdown was announced, many construction projects came to a halt and accordingly the labourers were rendered jobless. These migrant workers preferred to go back to their home state as they were not paid when the projects were stopped and were caught in the big financial mess. Many of these migrants even chose to cover thousands of kilometres by foot when even trains, buses or any motor vehicles were not operating.

Keeping their woes in view, the Centre decided to run the Shramik Special trains to ferry them to their native places. But, after they were gone, the builders found themselves in a lurch. An executive of a builder told PTI "Yes, our builder and a few others are in talks with the Railways to run the special train to bring back the labourers." She said nothing has been materialised as of now.

According to her, the builders took the contact numbers of the workers when they left the city to their home states and are now contacting them one by one. The South Western Railway has so far sent 3.11 lakh migrant workers in 216 Shramik Special trains starting from May 3 to June 6.