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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.

Belthangady, Jul 26: The forest department officials on Sunday banned traffic in Charmadi ghat section as a precautionary measure following information that landslide and uprooting of trees may take place due to heavy rain which has been lashing the ghat section since last one week.

The officials said that a tree was likely to be uprooted in the 6th and 7th cross of the ghat section therefore the entry of vehicles were banned and this has resulted in a traffic jam.

It is said that despite lockdown many vehicles have been playing in the Ghat section.

Bengaluru, Jun 22: The Central Crime Branch (CCB) of Bengaluru Police has obtained the custody of an associate of gangster Ravi Pujari and is questioning him about his role in several cases against the gangster, the police said on Monday.

According to the police, Khan is convicted in the case related to the murder of a builder named Subba Rao in the year 2017. The accused has been identified as Yousuf Bacha Khan.

"Continuing the investigation of Ravi Poojary, CCB had obtained custody of Yousuf Bacha Khan, who is associate of Pujari. Khan was convicted in the Subba Rao murder case. He is being questioned about his role in other cases," Joint Commissioner of Police (Crime) Sandeep Patil said.

The CCB had recently filed two charge sheets against gangster Ravi Pujari in Shabnam developers double murder case and an extortion case.

Pujari, who was wanted in several cases including ones related to heinous crimes like murder and extortion, was extradited to Bengaluru earlier this year from Senegal.

The gangster, who parted ways with underworld don Chhota Rajan, had jumped bail after he was arrested in Senegal in 2019 and had escaped to South Africa, where he was involved in drug trafficking and extortion.

According to sources in the Indian intelligence, Ravi Pujari was hiding under the false identity of Anthony Fernandes, a Burkina Faso passport holder, in a remote village in South Africa.