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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 29: The BJP leaders in Karnataka rallied behind Vijayapura MLA Basanagouda Patil Yatnal amid a controversy over his remarks that centenarian freedom fighter HS Doreswamy was a "Pakistani agent."

The saffron party leaders have extended support to Yatnal, days after he called Doreswamy a "fake freedom fighter" who behaves like a "Pakistani agent".

Yatnal made the comments at a press conference on February 25 while reacting to a query on a public meeting organised by the Congress titled 'Save the Constitution'.

"There are many fake freedom fighters. There is one in Bengaluru. Now we have to say what Doreswamy is. Where is that old man? He behaves like a Pakistan agent," Patil had said.

"Doreswamy is an elderly person and senior to all. He had participated in various agitations. He should also see what to talk and who will be hurt with those statements. We have all seen what he said about Prime Minister Narendra Modi," Primary and Secondary Education Minister S Suresh Kumar told reporters in Kodagu on Saturday reacting to Yatnal's outburst against Doreswamy.

Noting that the statements were made in bitter taste, Kumar said, "If you speak unpleasant (things), you will hear unpleasant."

Bellary City MLA G Somashekara Reddy too backed Yatnal saying that the his statement was appropriate. "There is nothing wrong in his statement. It is absolutely correct. I support him. It is not just okay to be a freedom fighter, but he should be a 'Deshbhakt' (patriot) too, who respects the unity and integrity of the nation."

On Friday, another BJP Minister KS Eshwarappa slammed Doreswamy alleging that he had visited Amulya Leona's residence and shared a good relationship with her family.

Leona had raised 'Pakistan Zindabad' slogans at an anti-CAA event here on February 21, taking everybody present by shock and dismay.

"We respect Doreswamy but he dances to the tune of Congress and supports whatever their leaders say," Eshwarappa said.