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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, Feb 4: Congress leader and former minister U T Khader today demanded an “objective” probe by an IAS officer into the sedition case the police have booked against a school in Bidar for a play students staged on the controversial Citizenship (Amendment) Act.

On January 26, the Shaheen Primary and High School was charged by the Bidar New Town police with sedition on January 26. This was based on a complaint by an Akhila Bharatiya Vidyarthi Parishat (ABVP) worker who claimed that the play staged by the students on January 21 “insulted” Prime Minister Narendra Modi.

On January 30, the police arrested Nazbunnisa, the mother of an 11-year-old student and Fareeda Begum, a head-teacher in the school.

“This shows how today in India and in Karnataka, the BJP is looking to suppress the voices of people. Sedition cases have no value anymore,” UT Khader told a news conference.

“When a complaint on sedition is filed, action must be taken after obtaining legal opinion. But today, a written complaint by any BJP worker is enough to brand someone as anti-national. Even schoolchildren aren’t spared,” Khader said.

“An IAS officer should be appointed to objectively probe this. If something is found, then the police can continue the investigation,” Khader said. “But the government should pressurize the police. We’ve seen what happened in Mangaluru,” he said, referring to the police shootout that killed two people during an anti-CAA protest. “I know it’s difficult for officials to resist political pressure, but a line must be drawn. All officials must come together and send the government a message, that they will not be bogged down to pressure that’s against societal interests,” he added.

Khader said he lacked faith in the BJP government. “That’s because the BJP tends to give election tickets to those who plant bombs,” Khader said, citing the example of terror-accused Bhopal MP Pragya Thakur. “Even the Aditya Rao case (Mangaluru airport bomb planter)...we don’t know what’s happening. They just want to hush it up,” Khader charged.

Kalaburagi, Mar 7: Congress and JDS MLAs are eagerly waiting to join BJP, said former minister and chairman of Nijasharana Ambigara Choudaiah Abhivradhi Nigama, Baburao Chinchansur, here on Friday.

Speaking at a press conference here, Baburao said if the BJP top brass gives a green signal to include MLAs of other parties, both Congress and JDS would be almost empty. Many leaders, including D K Shivakumar and G Parameshwara, won’t support Siddaramaiah and the former CM will have to find his own way in the coming days, he predicted. He said Congress will not be coming to power in Karnataka for the next 20 years, he said.

Chinchansur thanked Chief Minister B S Yediyurappa for providing Rs 50 crore for Nijasharana Ambigara Choudaiah Abhivrudhi Nigama in the budget. He also said that a delegation will be taken to New Delhi under the leadership of the CM, after the budget session, to pressure the Union government to include Koli community in ST category.