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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.

Mangaluru, Jun 8: Forum Fiza Mall in Mangaluru on Monday reopened for public after Ministry of Home Affairs allowed the reopening of shopping malls from June 8 with certain precautionary measures amid COVID-19 pandemic.

People visited the mall wearing masks and maintaining social distancing.

Earlier, the Union Ministry of Home Affairs (MHA) had said that religious places and places of worship for public, hotels, restaurants and other hospitality services along with shopping malls will be permitted to open from June 8.

However, these facilities will not be able to resume operations inside containment zones designated by authorities in states, said a government notification.

Mangaluru, Jul 11: A youth was run over by a lorry after a speeding car knocked his two-wheeler down on Netravati Bridge near Thokkottu on the outskirts of the city today.

The deceased has been identified as Ubaid (28), a resident of Bandikotya in Ullal. According to sources, he was recently engaged and was supposed to get married on July 23.

Shakir, who was with Ubaid on the two-wheeler suffered serious injuries. He was shifted to a private hospital for treatment. 

The car hit the two-wheeler when the two were heading back to Ullal from Mangaluru. 

The impact of the collision was such that Ubaid was thrown on to the road. Within a second a speeding lorry crushed him to death on the spot. 

The car driver sped away after the mishap instead of stopping to help the accident victims. However, local residents chased the car and waylaid it near Thokkotty flyover. 

The car was reportedly driven by Krishna, who works at Someshwar municipality office. He had reportedly purchased the car just two days ago. Police have taken him into custody along with another person who was also on board the car.

Traffic south police have registered a hit-and-run case and investigations are on.