PIL against Masjid loudspeakers: HC says illegal loudspeakers of all religious centres must go

Bengaluru, Jan 2: Former chief ministers of Karnataka Siddaramaiah and H D Kumaraswamy on Thursday launched a scathing attack on Prime Minister Narendra Modi as he embarked on a two-day visit to the state attend events in Tumakuru and Bengaluru. In a series of tweets, the Congress and the JD(S) leaders took a dig at Modi for his alleged failure on various fronts.

"You did not visit Karnataka when it was devastated by floods, you did not visit Karnataka when our farmers cried for help, but all of a sudden, when you want to launch your political propaganda, you remember the innocent people of Karnataka. Wah Modi Wah!!" Siddaramaiah tweeted.

In another tweet, the Congress leader claimed Karnataka is starved of Central government funds as there were no adequate flood relief, no GST revenue loss compensation and there was a delay in the transfer of grant-in-aid.

He further said, "Before attempting to fool our people, let the people of Karnataka know when they will get their due share!" He also sought to know from Modi why the 25 MPs from Karnataka have 'turned off' their engines.

"With 25 MPs from BJP and a state government with BJP, people hoped for a double engine. Instead, all BJP representatives have turned off their engines and have become sycophants to play a tune to your idiosyncrasies. Why, are they scared of you?" Siddaramaiah said.

Seeking an explanation on various incomplete projects, the Congress leader said, "Mr Narendra Modi, people are fed up of your lies and double-edged sword comments. We want your answer today about long-standing questions on: Kalasa Banduri Yojana, Belagavi border issue, exams in Kannada, Tulu & Kodava in 8th schedule, the list goes on." Kumaraswamy too minced no words as he went on the offensive against the Centre.

In his tweets quoting newspaper reports, he said Karnataka's coffer has dried up, financial position is in doldrums and the revenue has plummeted.

"What's the reason (behind poor economic situation)? The poor economic policies of the Centre. After swallowing the GDP and development of the country, the wrong policies have affected the state too," alleged Kumaraswamy.

Quoting reports, Kumaraswamy said the Centre has denied the state's share of revenue.

"About 5.44 per cent of state's share is yet to come from the Centre. This is step-motherly attitude of the Centre towards the state," Kumaraswamy tweeted.

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.