Siddu govt to follow High Court order on Kambala in Tulu Nadu

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 28: Karnataka Pradesh Congress Committee (KPCC) chief DK Shivakumar on Saturday appealed to the authorities to arrange transport for migrant workers, stating that it is appalling to see their plight as they are walking hundreds of kilometres to their villages amid COVID-19 lockdown.
"Appalling to see the plight of poor migrant workers who are walking hundreds of kms to their villages. We cannot abandon our citizens, especially children, and put them at risk. Appealing to the authorities to arrange transport. Please take sufficient safety precautions as well," Shivakumar tweeted.
Hundreds of people, comprising mostly of migrant workers and their families, gathered at the Lal Kua in Uttar Pradesh from Delhi, Gurugram and other places, to take buses to their respective destinations amid the lockdown.
While the Prime Minister Narendra Modi had imposed a nationwide lockdown to prevent the spread of coronavirus, the Uttar Pradesh administration had decided to ply these buses to help thousands of migrant workers who were stuck in the national capital and had started returning on foot to their native places in Bihar, Uttar Pradesh, among others.