Bhaskar Shetty murder: Wife's kin also involved in conspiracy?

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.

Udupi, May 4: Udupi Deputy Commissioner G Jagadeesha said that mechanised boat fishing will be permitted in Udupi district in another two days.

He further said that the decision was taken after the district was declared as a Green Zone as no fresh cases of COVID-19 were reported from the district in the past several days.

The Deputy Commissioner told the media here that fishing will be permitted but social distancing has to be practised and only 30 boats will be permitted in a day.

Bengaluru, Jan 2: Accusing Prime Minister Narendra Modi of "neglecting" Karnataka ahead of his visit on Thursday, the state Congress questioned why he did not give adequate relief and pay a visit to the state, when most of its parts were affected by severe floods last year.

Modi will begin his two-day visit to the state on Thursday afternoon.

The Congress' Karnataka unit in a series of tweets also questioned the Prime Minister about not conferring the "Bharat Ratna" on Shivakumara Swamiji of Siddaganga Math, who passed away last year at the age of 111 years.

"Why you did not visit the state, when it was affected by floods? Despite the damage of over Rs 1 lakh crore why you did not declare it as a national disaster? Why you did not give interim relief? When the state government has given a report that the damage caused was to the tune of Rs 35,300 crore why did you sit quiet by giving just Rs 1,200 crore," the state Congress tweeted.

As many as 103 taluks in 22 districts of Karnataka were affected due to unprecedented floods in August, in which over 80 people were killed.

Around seven lakh people were shifted to safe areas during the deluge and thousands of houses were damaged.

In October, various parts of the state faced a deluge for the second time in two months, killing over 13 people and damaging thousands of houses.

Asking as to why the Centre was not giving the state's share of GST amount adequately, the Congress questioned as to why dues under MNREGA programme were not paid so far, and why Karnataka was being neglected while allocating grants.

Questioning Modi as to why he did not visit Tumakuru when Shivakumara Swamiji of Siddaganga Math passed away, the principal opposition party in the state Assembly, also sought to know why the seer was not conferred with the Bharat Ratna yet.

It also pointed out that former Chief Minister Siddaramaiah had written a letter in this regard in January 2018.

The Congress has also hit out at the BJP-led Central government over imposition of Hindi language by neglecting regional languages and mother tongue.

The Prime Minister will kickstart his visit to the state by paying tributes to the late pontiff's 'Gadduge' (final resting place) at the Math premises near Tumakuru.

Later, he will attend an event organised to give away Krishi Karman awards and to distribute fishing equipment at the government college ground in Tumakuru, before leaving for Bengaluru where he will be attending a DRDO event.

On Friday he will be inaugurating 107th Indian Science Congress here.