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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, Mar 14: The Rashtriya Swayamsevak Sangh (RSS) on Saturday suspended its proposed Akil Bharatiya Pratinidhi Sabha (ABPS) meeting scheduled to be held in the outskirts of the city, in the wake of the outbreak of Coronavirus in the state.

'In view of the seriousness of the pandemic COVID-19 and in the light of instructions and advisories thereof issues by the Union and the state governments, the Akil Bharatiya Pratinidhi Sabha meeting scheduled in Bengaluru has been suspended', Sarakaryavah Suresh Joshi tweeted.

All Swayamsevaks should cooperate with the administrations to create awareness among the public and to face this successfully, he said.

It may be recalled that Karnataka State Government had ordered shut down of pubs, malls, theatres, and ban mass gatherings over the Coronavirus scare, on Friday.

Mumbai, Mar 26 : A 28-year-old man was arrested for allegedly killing his younger brother for stepping out of their home during the COVID-19 lockdown in the western suburb of Kandivali, police said on Thursday.Rajesh Laxmi Thakur killed his younger brother Durgesh after the latter stepped out of the house despite repeated warnings about the lockdown on Wednesday night, an official from Samta Nagar police station said.

The deceased, who was working in a private firm in Pune, had returned home following the coronavirus scare, he said.When Durgesh got back home after his outing, the accused and his wife shouted at him and a heated argument ensued, following which the accused attacked him with a sharp object, the official said.The victim was rushed to a nearby hospital where he was declared dead on arrival, he said, adding that a case of murder has been registered against the accused.