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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.

Thiruvananthapuram, Feb 7: Making a scathing attack on the Central government, Kerala Finance Minister Thomas Issac on Friday said the BJP-led NDA government was "strangulating" the southern state by denying funds.

Presenting the 2020-21 budget of the Pinarayi Vijayan led-LDF government, he alleged the centre has been "helping" corporates rather that the common man.

"The Centre has been strangulating Kerala by denying funds for the state and has been moving on a self-destructive path by corporate-friendly policies and privatisation. The GST implementation has not been beneficial for the state," he said.

"The government proposes 2.5 lakh water connections in the upcoming financial year. We will also construct one lakh houses under Life Mission," the finance minister said.

The budget has allocated Rs 90 crore for Pravasi Welfare Fund and the government proposes power projects with a capacity of 500 MW.

"The government proposes Kochi development plan with a fund of Rs 6,000 crore. The city will get an unified travel card and Metro project will be extended," Issac said.

The state government has increased all welfare pension funds by Rs 100, allotted Rs 40 crore to paddy farmers and Rs 10 crore for startups in the state.

The local self-governments have been allotted Rs five crore for waste management, Rs 20 crore has been set apart for 1,000 food stalls under hunger-free Kerala, where meals will be made available at Rs 25. 

Mangaluru, July 13: Nalin Kumar Kateel, MP of Dakshina Kannada, has appealed the chief minister to give nod to impose a week-long lockdown in the coastal district in the wake of mounting coronavirus cases.

Mr Kateel, who is also the president of Karnataka BJP, participated in a video conference with chief minister BS Yediyurappa along with Deputy Commissioner Sindhu B Rupesh and district in charge minister Kota Srinivas Poojary.

The final decision about the lockdown in the district will be taken following a meeting under the leadership of the deputy commissioner, wherein the elected representatives of the district will express their opinions.