5 Hindutva leaders booked for attempt to disrupt peace in BC Road

Shivamogga, May 21: An FIR has been registered against Congress interim President Sonia Gandhi in Sagar taluk of Shivamogga district of Karnataka over tweets on May 11 by the party's official handle about PM-CARES fund.

The FIR, registered under Sections 153 (wantonly giving provocation with intent to cause riot) and 505 (statements conducing to public mischief) of the Indian Penal Code (IPC), identifies Gandhi as the handler of the social media account.

The complaint by advocate Praveen KV alleged that the Congress party, through the tweets, has made rumourous statements against the Government of India and Prime Minister Narendra Modi and was trying to provoke the people against the government.

According to the FIR, the Congress party had on May 11, 2020, made false and baseless allegations, claimed misappropriation of PM-CARES Fund and cast aspersions on the Government of India through the tweets.

"A Twitter account handled by All India Congress Committee headed by Sonia Gandhi had on May 11, 2020, published tweets terming PM CARES Fund as PM CARES Fraud. They had claimed that the PM CARES fund is not being used for the public," Praveen KV told ANI on Thursday.

He said that he has collected all the details related to the tweets and account from the handle and filed a complaint in the matter, following which a preliminary enquiry was conducted and an FIR was registered in the matter.

"They had also said that the Prime Minister was enjoying and going to foreign trips with this fund. This is clearly rumourous news against the Government of India in this COVID-19 pandemic situation. In this regard, I had filed a complaint. After a primary enquiry, the Sagar Police has filed an FIR against Sonia Gandhi, who heads the INC Twitter account," Praveen KV said.

Udupi, Jan 7: The Malpe Beach Utsav will be held on February 1 and 2, Deputy Commissioner of Udupi district G Jagadeesh said on Tuesday.

According to a release issued here, the festival, which was slated to be held between December 29-31, had been postponed due to unavoidable circumstances.

The DC said various beach sports and cultural events have been organised to mark the Utsav.

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.