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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, May 25: Helpless dairy farmers in a village in Bangaluru Rural district have dumped around 4,000 litres of milk into drains and on anthills.

The shocking incident took place at Chikka Korati near Hoskote yesterday after the Karnataka Milk Federation (KMF) refused to collect the milk because a pregnant woman in the village had tested positive for Covid-19.

The village was sealed off three days ago and three of the woman’s family was sent to institutional quarantine. The incident is an embarrassment since the government has been urging people not to stigmatise patients or their contacts.

“In Hoskote taluk, we lead in milk production,” Guru Korati, a villager, said. “There are around 130 families in the village, but we have two milk producers’ cooperative societies (MPCSs) – Chikka Korati MPCS and Dinne Korati MPCS. Our village produces more than 4,000 litres per day. The KMF refused to collect milk from both societies after they learnt about the positive case. Frustrated, we poured the milk down the drain.”

Guru wanted the government to address the village’s problems. “We are not only struggling to sell milk, but we also cannot transport vegetables which we cultivate,” he said.

Veerabhadrappa, from Chikka Korati in Bayala Narasapura gram panchayat, said: “Several families have cows enough to yield more than 50 litres of milk. What will they do with such a huge quantity of milk?”

Mehaboob Sab, panchayat development officer (PDO) of Bayala Narasapura GP, said, “We aren’t sure how the woman contracted Covid-19. A family member had visited Tamil Nadu and the woman also frequently visited a hospital in Kolar for checkups. We are still tracing her contacts.” 

Bengaluru, May 18: Senior Congress leader and former Union Minister Mallikarjuna Kharge on Monday slammed the State Government’s decision to appoint administrative committees to Panchayats, which completes their five-year term, shortly.

Speaking to media persons, the Congress leader described the State Government’s decision on appointing committees as a ‘death knell ‘ to the basic characters of the Panchayat bodies, which were elected on a non-party basis.

Strongly recommending the BJP-led government to desist from its decision, Kharge urged Chief minister B S Yediyurappa to extend the term of the elected bodies of the Panchayats by six months.