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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 5: After Congress delegation was denied to donate a cheque of Rs one crore to ensure free transportation to migrants, Karnataka Pradesh Congress Committee (KPCC) president DK Shivakumar said that Congress party can go anywhere and help anyone they want and BJP leaders must understand what constitutional rights are.

Earlier on Monday, Karnataka Deputy Chief Minister who holds the transport portfolio, Lakshman Savadi suggested the Congress delegation for donating at least Rs 150 crore to the Chief Minister's Relief Fund instead of handing over a cheque of Rs one crore as a donation in order to bear the transportation fare of the migrants.

While reacting to Deputy CM and other BJP leaders' comments, Shivakumar said, "BJP leaders must understand what constitutional rights are. Who are these BJP leaders? They are now entering to help migrant workers after RSS guidelines. They must understand that we are a party and we can go anywhere and help anyone we want."

Congress leaders on Monday met Savadi to handover a cheque of Rs one crore in order to donate money for the migrant workers' transportation.

However, Savadi did not accept the cheque and suggested the Congress delegation to donate a bigger amount to the CM Relief Fund.

While addressing media after meeting the Congress leaders' delegation in the leadership of KPCC president, DK Shivakumar, Savadi said: "Congress has a history and its a wealthy party, still if Congress leaders want to donate, at least they must donate Rs 150 crores to the CM relief fund to fight COVID-19."

DK Shivakumar yesterday slammed the government and urged to depute free transport services to migrant workers, he asserted that Congress will donate money in this regard.

But the Managing Director of KSRTC denied to accept the cheque of Rs one crore and suggested the Congress delegation to meet transport minister or Chief Minister and donate to CM relief funds. Hence, today congress leaders met deputy CM Lakshman Savadi and tried to handover Rs one crore cheque which he did not accept.

After Congress leaders slammed the government and people criticised the decision of collecting bus fares, CM BS Yediyurappa ordered for free transport service to migrant workers.

Bengaluru, Feb 28: Historian S. Shettar, 85, breathed his last early on February 28 in Bengaluru. He was suffering from respiratory problems and was hospitalised for over a week.

Shettar was known for his multi-disciplinary work, encompassing linguistics, epigraphy, anthropology, the study of religions and art history. He had extensively worked on the Jain practice of ritual death in Karnataka and Asoka edicts. He had studied and compiled early edicts in Kannada and worked extensively on the growth of Kannada language down the ages.

Born in 1935 at Hampasagara, Ballari district, he went on to study at Cambridge University and started his career as a Professor of History at Karnatak University, Dharwad, his alma mater. He later headed the National Museum Institute of the History of Art, Conservation and Museology in 1978 and Indian Council for Historical Research in 1996. He was also a visiting professor at the National Institute of Advanced Studies, Bengaluru.

He was a bilingual historian who wrote in English for most of his career, but started writing in Kannada in later years. In the last two decades, he developed a keen interest in linguistics and wrote multiple books on classical Kannada and Prakrit. His 2007 book “Shangam Tamilagam” is considered a seminal work in the study of the early period of Dravidian languages. It won him Bhasha Samman from Central Sahitya Akademi. He later wrote two works on Halegannada, classical Kannada. His most recent work was “Prakrita Jagadvalaya” in 2018.