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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, Jan 9: Primary and Secondary Education Minister S Suresh Kumar on Thursday said that the Education Department would launch a helpline by March 2020 to address the complaints.

Speaking to reporters here, he said, the helpline is not only for children but also for teachers.

"Entire department including teachers and parents can make use of the opportunity”, the minister said.

“The helpline can be called for any complaint related to the Education Department. Our objective is to resolve problems within a stipulated time,” the Minister said.

Bengaluru, Jan 8: Accusing the BJP of running a "fake news factory" at full potential, former chief minister Siddaramaiah on Tuesday said according to reports only Rs 669 crore of additional flood relief funds are being released by the Centre for the state as opposed to the ruling party's claim of Rs 1,869.85 crore.

Reacting to his attack, the State BJP unit, without clarifying on the actuals of the amount being released, said it believed in speaking the truth and not spreading lies.

Siddaramaiah, leader of the opposition in the state assembly, tweeted: "Reports from State govt officials tells that only Rs 669 crore of addl funds (sic) are released in 2nd instalment as opposed to the claim of Rs 1870 Cr by @BJP4Karnataka leaders. At a time when manufacturing industries are closing, BJP's fake news factory is running at full potential!!"

Calling BJP leaders "devotees of the God of lies," he said in another tweet that Prime Minister Narendra Modi released an additional Rs 669.85 crore moved by Chief Minister B S Yeddyurappa's plea, taking the total amount to Rs 1,869.85 crore. He said it was funny that they were attempting to depict the total relief amount as 1200+1869.85 equalling to Rs 3,069.85 crore.

Siddaramiahs tweet was in response to Karnataka BJPs tweet last night claiming that the High-Level Committee (HLC) Chaired by Union Home Minister Amit Shah has approved the release of Rs 1869.85 crore as central assistance to the state towards flood relief. This was in addition to Rs 1200 crore already released by the Centre in October 2019, the BJP unit had said.

On Monday, the HLC had approved additional central assistance to seven states affected by floods last year, from National Disaster Response Fund (NDRF), including Karnataka.

While a PIB release states that Rs 1869.85 crore was approved for Karnataka, according to sources in the state government the figure was inclusive of Rs 1,200 crore released in October. Earlier in the day, Chief Minister B S Yediyurappa while expressing confidence that more funds will be released in later stages, maintained that Rs 1869 crore has been released in addition to Rs 1,200 crore earlier, and thanked Prime Minister Narendra Modi.

"...funds will never be enough, they (central government) will release in stages, they have released such big amount- earlier Rs 1200 crore, now again Rs 1869 crore- I thank Prime Minister Narendra Modi for it," he told reporters here.

Revenue Minister R Ashoka said the state government will press for more funds in the days to come, and the state government will fulfil promises made to those hit by floods.

Karnataka faced two spells of unprecedented rains and floods last year, resulting in widespread damage to life and property, following which the state government had submitted a report to the centre claiming loss was to the tune of about Rs 38,000 crore.

Reacting to Siddaramaiah's attack of "fake news factory" against it, the state BJP tweeted "Ayyo @siddaramaiah Avare, We surrender to You as we are incapable of running Fake News Factory like You or @INCIndia.

We believe in speaking the Truth like Gandhiji, not spreading lies like Goebbels. Kannadigas still remember the "Lies Bhagya (a scheme)" you gave them as CM from 2013-18."