Ambulance ferries liquor, belly dancers perform at govt medical college in Yogi's UP

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.

Sirsi, May 3: A group of 19 students from the district were on Saturday safety brought back to Jawahar Navodaya Vidyalaya (JNV) at Malagi in Mundgod taluk by special buses from Madhya Pradesh.

The students were admitted to the JNV, Junapani, Bhopal district, for class 9 this academic year. They were kept at a hostel since March 22.

They could not leave for the state as train services were suspended before they were ready for the travel. Hence, they were kept at the local hostel.

Based on requests by parents, Labour Minister Shivaram Hebbar, directed the chief secretary to get in touch with the Madhya Pradesh government to bring back the students.

Hebbar, who visited the JNV, said that the students would be sent to their homes in two days after medical tests.

According to the JNV authorities, the decision was taken to bring back the students as their parents were worried. The students were safe at the JNV, Junapani and all facilities were provided to them at the hostel.

Mangaluru, Jan 30: A dentist has been arrested by the Dakshina Kannada district police on charge of sexually harassing a woman patient during treatment at a hospital in Beltangady taluk.

The accused has been identified as Dr Sudhakar. He is facing charges under section 354, 354A(1)(I) of IPC.

The incident occurred yesterday when a local woman had been to the government hospital at Kasaba village in Beltangady for dental treatment.

According to the woman, Dr Sudhakar deliberately touched her body inappropriately and sexually harassed during treatment.

The shocked woman went to the jurisdictional Beltangady police station and lodged a complaint. The doctor was arrested and produced before the court.