BJP to go ahead with Mangaluru Chalo, even if cops deny permission

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 27: Mangaluru MLA U T Khader today urged Dakshina Kannada MP and Karnataka BJP chief Nalin Kumar Kateel to pave the way for immediate repatriation of Mangalureans stranded across Gulf countries.

The development comes amidst reports that lack of preparedness on part of the authorities concerned in Dakshina Kannada compelled the Centre to delay the operation of repatriation flights from various Gulf to Mangaluru International Airport under Vande Bharat Mission.

Lakhs of people from Mangaluru region (coastal Karnataka) alone are working in middle eastern countries like Saudi Arabia, United Arab Emirates, Kuwait, Bahrain and Qatar. Thousands of them are currently stranded thanks to covid-19 lockdown and are helplessly waiting for repatriation.

Speaking to coastaldigest.com, Mr Khader said he already spoke to Mr Kateel and brought to his notice the plight of Mangalureans in Saudi Arabia and other gulf countries. "There are a large number of pregnant women, senior citizens and patients who need immediate repatriation. It is the responsibility of the elected representatives and district administration to pave the way for the repatriation of our people and arrange quarantine facilities for them," he said. 

"Mr Kaeel is not only MP of Dakshina Kannada. He is also the chief of Karnataka's ruling party. Hence, he must play a crucial role in facilitating the return of Kannadigas in general and Mangalureans in particular," Mr Khader said. 

Bengaluru, Apr 7: With reporting of 12 positive cases of COVID-19 since last evening, including three women, the total number of confirmed cases in Karnataka increased to 175, including four deaths.

According to official sources, while three fresh cases of COVID-19 were reported from Bengaluru, two each had been reported from Bagalkot, Kalaburagi and Mandya, followed by one each at Gadag and Bengaluru Rural districts.

After a gap of over three weeks, two more fresh cases had been reported from Kalaburagi, which had reported the first death of the country.