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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, Jun 30: The judicial, non-judicial and administrative functions of the Karnataka High Court has been suspended for Tuesday, for sanitisation of the entire court complex due to "unavoidable circumstances".

The High Court in a notice informed about the decision on Monday.

"It is hereby notified to the litigant public/learned advocates/party-in-person/officers and staff of the High Court of Karnataka, Principal Bench, Bengaluru that, the judicial/non-judicial/administrative functions of the High Court is hereby suspended for one day -- on June 30, 2020, for sanitisation of entire High Court complex, due to unavoidable circumstances," the notice read.

New Delhi, Feb 20: The Supreme Court on Thursday stayed the non-bailable warrants issued against the state Director General of Police (DGP) and Inspector General of Police (IGP) by the Karnataka High Court.

A bench of Chief Justice SA Bobde stayed the non-bailable warrants while hearing a plea filed by the Karnataka government.

Earlier today, the apex court had agreed to hear the matter today itself after Solicitor General Tushar Mehta mentioned the matter before it.

Tushar Mehta had pointed that Home Secretary has been asked by the High Court to execute the non-bailable warrants and said that this order is "unusual".

Karnataka High Court had earlier issued non-bailable warrants against the top cops in a case.