Bombs, weapons seized near BJP office; 1 Sangh Parivar activist held, many escape

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, Feb 22: Student activist Amulya Leona, who was arrested on sedition charge after she raised ‘Pakistan Zindabad’ slogans during an anti-CAA event at Bengaluru’s Freedom Park on Thursday evening, has now criticised the organisers of the event for snatching away microphone from her hand.

The event was organised by ‘Hindu Muslim Sikh Isaai Federation’. Soon after she started pro-Pak slogans All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi rushed and tried to snatch mic from her hand. When she continued to speak, her microphone was deactivated.

According to police, the 19-year-old BA journalism student blamed her predicament on the organisers of the protest for not allowing her to complete what she wanted to say on stage.

"Maybe she had intended to say what she had recently posted on her Facebook page where she has said ‘Zindabad’ to all the countries, including India and Pakistan. But it went awry. She was not answering any of our questions, but kept saying she had not done anything wrong," a senior police officer was quoted as saying by a news paper.

The police have booked Leona for sedition and promoting enmity between groups. After her arrest, she was thoroughly questioned by the police for over two hours. After recording her statement, the police produced her before a magistrate in the wee hours of Friday. When she was taken to the judge’s residence, located at the National Games Village in Koramangala, Leona pointed towards the TV cameras and flashed a victory sign.

As the police did not seek her custody, the judge remanded her to judicial custody and she was subsequently taken to Bengaluru Central Prison at Parappana Agrahara. Her advocate is expected to file a bail application in the court on Monday.

When the police took her into custody at Freedom Park and quizzed her, she reportedly did not answer any of their questions but kept insisting that she had not done anything anti-national to be charged with sedition.

"It was the organisers’ mistake to snatch the mike from me before I completed what I had to say. Because of them, I have been arrested today. If they had given me a chance to complete what I had to say, nothing like this would have happened. Now, there is no point in telling you what I intended to speak there. But I can say that there was nothing anti-national in what I did. You can initiate action against me and my advocate will fight the case," a source, citing Leona, said.

The police recorded whatever she said as her voluntary statement and submitted it to the magistrate. "We tried to find out why she did what she did and whether there was anyone else behind her making such a statement. But it appears she had done it on her own," the police official said.

Srinagar, Jan 14: Davinder Singh, deputy superintendent of police, who was arrested on Saturday along with two Hizb terrorists and a Hizb overground worker in Kulgam, has confessed to his interrogators that he had received Rs 12 lakh from the terrorists to ferry them to Jammu and then Chandigarh for their onward journey to New Delhi, IG (Kashmir) Vijay Kumar told the media here on Monday.

Intelligence sources said the terrorists planned to carry out attacks on Republic Day.

The DSP was suspended on Monday and is likely to be stripped of all his awards, including the President’s Police Medal for anti-militancy operations.

Davinder, who was interrogated by various intelligence agencies, including IB, military intelligence and RAW, besides the police, has disclosed that he had put up the terrorists at his Indira Nagar house in Srinagar, right next to the Army’s 15 Corps HQ, and thereafter accompanied them to Jammu in a Maruti car driven by the Hizb overground worker, intelligence sources claimed.

Meanwhile, sources said the Union home ministry may hand over the case to the NIA to find the real motive of the terrorists, Davinder’s links to terrorism and whether he had helped terrorists in the past as well.

The two Hizb terrorists arrested with Davinder are Naveed Babu alias Babar Azam, a resident of Nazneenpora in south Kashmir’s Shopian district, and his associate Rafi Ahmad Rather. The Hizb overground worker, identified as Irfan Shafi Mir, was driving the vehicle when it was intercepted by the police on Saturday. Irfan Shafi Mir has travelled to Pakistan five times on his passport.

Davinder, interestingly, was on duty ensuring security cover for the envoys of 15 countries who visited Srinagar at the Union government’s invitation last week.