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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, Jan 2: Prime Minister Narendra Modi on Thursday slammed states, which have not enrolled with the Pradhan Mantri Kisan Samman Yojana (PMKSY), saying that such petty politics has done great damage to the farming community.

"I expect that in the new year, those states which are not associated with the Kisan Samman Yojana will at least become a part of it this year," the Prime Minister said at a function in Tumakuru where he disbursed Rs 12,000 crore to six crore beneficiaries under the government scheme in one-go.

Also, he gave away the Krishi Karman Award to the selected farmers and distributed fishing equipment to the chosen ones on the occasion. Modi said political considerations by the state governments in implementing the PMKSY has caused severe loss to the poor farmers.

"Such politics has never strengthened the farmers. Our government understood your (farmers') needs, requirements and your aspirations and accordingly tried to implement the schemes," said Modi.

He further said his government never saw agriculture in fragments but in its totality. Claiming his government has ensured that the entire money reached the poor beneficiaries, Prime Minister hit out at the previous governments, when middlemen ruled the roost.

"There was a time when a rupee was rolled out (by the government) for the poor person, only 15 paise would reach him. The middlemen would pocket the remaining 85 paise. "Today, whatever money is dispatched from Delhi, the entire amount directly reaches the bank account of the beneficiary," he said.

He told the gathering about the various initiatives taken by his government to improve the agriculture sector such as completing the pending irrigation schemes, soil health card and 100 per cent neem-coating in urea.

Due to the initiatives of the government, agriculture production has gone up, he said. Speaking about measures in the fisheries sector, the Prime Minister said the sector has been promoted in the villages, financial help given to fishermen, modernisation of boats and building fisheries-related infrastructure have been done.