BJP believes what Godse believed in: Dinesh Gundu Rao

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, May 10: A delegation of Muslm community leaders called on Dakshina Kannada deputy commissioner Sindhu B Roopesh and discussed her about quarantine facilities for Indians returning from Gulf amidst covid-19 lockdown.

First evacuation flight from Dubai to Mangaluru will operate on May 12. Demand is mounting on the Centre to operate more flights from Gulf countries including UAE and Saudi Arabia.

International passengers will not be direct sent home after they land at any Indian airport. They will be divided into two categories. After screening at the airports, symptomatic will be sent directly to the covid-19 hospitals and asymptomatic and healthy will be sent for mandatory quarantine in designated hotel rooms and guest houses.

District administration has clarified that those who are under quarantine in hotels and guest houses will not be allowed to have outside food. Nor they will be allowed to contact anyone.

The delegation brought to the notice of DC that there will be many fasting Muslims among Gulf returnees and they need Suhoor and Iftar facility during Ramadan. The DC positively responded and assured that such facility will be arranged in the hotel rooms.

The delegation also asked about the claim of the officials of ministry of external affairs that delay in arranging quarantine facility in Karnataka delayed the evacuation flights from Gulf countries to the state. The DC said that the district administration has already made necessary arrangements for those who are coming to Dakshina Kannada.

Led by Mangaluru MLA U T Khader, the delegation comprised of JD(S) MLC B M Farookh, S M Rasheed Haji, Shafi Saadi, Mumtaz Ali, Kanchur Monu, B A Mohiuddin Bava, Ibrahim Kodichal, Rasheed Haji of Ullal Dargah and others.

Mangaluru, Mar 23: Indian Coast Guard (ICG) on Monday announced to enhance surveillance along the coastline of Karnataka to strengthen security.

It has tasked its hovercraft in New Mangalore, and high-speed patrol vessels and interceptor boats along the coastline for ensuring foolproof security of the uninhabited islands, Deputy Inspector General S B Venkatesh, Commander, Coast Guard, Karnataka, said in a release today.

The amphibious hovercraft have been deployed for near to coast patrol, to facilitate smooth execution of search and rescue operations and security cover over land and riverine route. Please log in to get detailed story.