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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.

Koppal, Jun 3: Opposition Leader in the Karnataka Legislative Assembly Siddaramaiah on Wednesday said that allegedly there was deep crisis in the state BJP but categorically denied any role of Congress in it.

Addressing a press conference here, the former Chief Minister said 'I and my party have nothing to do with the developments in the ruling party. I came to know through media that some 25 BJP MLAs allegedly not satisfied with the way of functioning of the government. The Congress party is not interested in what is happenings in BJP and if the government falls on its own, then Congress might stake claim to form the government eventually".

Mr Siddaramaiah alleged that the State’s BJP government was trying to 'subvert the Constitution and Panchayat Raj Laws' by postponing election to Gram Panchayats citing spread of COVID-19.

'The Commission has not provided any information so far about the preparation of electoral rolls, fixing of reservation to seats, and calendar of events for holding elections. It is the duty of the Commission to hold elections as per the Karnataka Gram Swaraj and Panchayat Raj Act,' he further said.

The EC on May 28 postponed elections to GPs citing 'exceptional circumstances' prevailing in Karnataka following the coronavirus pandemic situation. Elections to as many as 5,800 GPs scheduled to be held by next month with the ending of their terms have been put off, and fresh dates were yet to be announced.

Bengaluru, Feb 23: Union Minister of Chemicals and Fertilizers DV Sadananda Gowda on Sunday said that several "anti-national organisations" were misusing the platform of anti-CAA protests.

"We have taken serious note of it and have started an investigation. Several anti-national organisations are misusing the platform of anti-CAA protests and many people are trying to take political advantage of this situation," he told the media on Sunday.

Gowda said that the government is "very serious" about the issue. "We are already working towards this. Both the state and Centre are together investigating into this," he said and added, "We will ensure that we cut this and will not allow this to grow. We will investigate the organisers of the event as well."

"If you are inviting such people (alleged anti-national elements), it means that you either know about it or that you are indirectly encouraging such things. In such situations, the organisers too will be acted upon," he stressed.