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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, Jul 26: Paying tributes to the martyrs of Kargil war on its 21st anniversary, Karnataka Chief Minister B S Yediyurappa on Sunday said his government always stood by the soldiers and families of those who laid down their lives to protect the borders of the country.

"The government is always committed to the welfare of the soldiers. Karnataka has formed a separate department for the welfare of the soldiers and their families. We always stand with the families of the martyred soldiers," he said. He was addressing soldiers after paying tributes to the martyrs of the Kargil war at an official function organised on the occasion of Kargil Vijay Diwas at the National Military Memorial Park in the city by the Sainik Welfare and Resettlement Department under the state Home Department. 

Yediyurappa described as a symbol of India's valour and sacrifices the Kargil Vijay Diwas, observed to commemorate its victory over Pakistan in the war that ended on July 26, 1999 with recapture of the territory in Kargil. He said the state government has given due compensation to the families of the Kargil martyrs and the soldiers who were injured.

Recalling the conflict, Yediyurappa said Pakistan had set its eyes on grabbing the vast terrains of Kargil and Drass sector in Jammu and Kashmir but the Indian soldiers successfully fought a deadly battle at a height of 17,000 feet where the temperature goes up to minus 30 degrees celsius.

"The sacrifices of our soldiers will remain etched in our memories forever. The tale of the 527 soldiers, who sacrificed their lives to save our country, is a constant source of inspiration for our youth," the Chief Minister said. He also noted Karnataka's contributions to the Indian army and said the state had given two Generals, one Field Marshall, many army officers and innumerable soldiers to protect the country's borders.