Amit Shah to visit communally sensitive areas of Mangaluru on Aug 21

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, May 30: A city corporator in Bengaluru was sent into quarantine on Saturday after he tested positive for the coronavirus infection, officials said.

"Yes, I have tested positive," Padarayanapura municipal ward corporator Imran Pasha told some news channels.

The JDS corporator said he would quarantine himself as per the regulations.

The entire area where Pasha lives was cordoned off.

Health workers reached there in an ambulance and gave him a personal protection gear to wear and he was taken to a designated hospital.

Reacting to the development, Karnataka Revenue Minister R Ashoka claimed Pasha hardly paid heed to the COVID-19 regulations.

"He rushes to all those places wherever there are positive cases...," Ashoka told reporters.

Padarayanapura was declared as a containment zone earlier with a few cases coming to the fore.

It was in this area where some policemen and health workers were attacked when they went to quarantine a few primary and secondary contacts of a COVID-19 patient about a month ago.

Following the incident, about 125 people were arrested, and later quarantined after a few of them tested positive.

Bengaluru, May 20: An owner of a hair cutting training salon in the city has given shelter to the jobless IT professionals and migrant workers hailing from north-eastern states and Nepal, in his salon.

Rahul Rai, the owner said, "The moment the lockdown started then I received many complaints from different corners that several persons became jobless and they were thrown out of their rented accommodations."

"They are from different states of the North-east and some of them are from Nepal also. I converted my hair-cutting training salon into a shelter home for them," he added.

A person who got shelter at the salon said, "I lost my job after the lockdown started. I was facing a lot of issues after my landlord had evicted me from my rented accommodation. I spent about a week nearby a lake. I managed to contact Rahul Rai through Facebook and he rescued me along with many others."