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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.

Mangalore University has been participating in the campus bird count a sub-event of ‘Great backyard bird count’ (GBBC) organized by Bird Count India for the past 5 years. This year, CBC was held from 14th to 17th February of 2020 across various campuses in India.

This year the four days event was successfully ended up with the sightings of 103 species of birds from various locations across the campus spread on 300 acres. In this Black Drongo, Black Kite, Brahminy Kite, Common Iora, Green Wabler, Purple-rumed Sunbird, Red-whiskered Bulbul, White-cheeked Barbet, Jungle Babbler and Plum headed parakeets were the common birds, and also observed House Crow with nest and nestlings, Indian Robin nest with eggs, Bronzed Drongo constructing the nest and Shikra mating and carrying nesting materials.  Whereas Yellow-billed Babbler is rare in the campus, Ashy Drongo, Barn Swallow, Booted Eagle, Grey Wagtail, Indian Pitta etc. were migratory birds, Grey-headed Bulbul (Near Threatened bird), Rufous Babbler and Grey-headed Bulbul were Western Ghats Endemics  and Brown Wood Owl, Barn Owl, Spotted Owlet, Nightjars (Savanna, Indian and Jerdon’s) and Sri Lanka Frogmouth were nocturnal birds. Blue-eared Kingfisher Grey-bellied Cuckoo which was very rare and new additions to avian list of the campus.

In the first year (2016) of Mangalore University’s CBC recorded 77 species, in 2017 recorded 95 species, in 2018 recorded 110 species and in 2019 recorded 107 species of birds. However some of the common species like Rose ringed parakeets, Blue tailed bee-eater, Nilgiri Flowerpecker and Indian roller etc., sighted last year were not seen this year. But with 2 new additions from this CBC, the checklist of Mangalore University Campus has been updated with a total of 141 species.

This event was coordinated by Vivek Hasyagar from the Department of Applied Zoology and Maxim Rodrigues from the Department of Marine Geology. Survey trails were led by more than 60 students and research scholars from various Departments of Mangalore University includes Applied Zoology, Biosciences, Microbiology, Botany, Physics, Chemistry and Material Science.  In addition, some enthusiastic participants from St. Aloysius College had involved in identifying the birds around the campus.

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Wild/planned fire affects negatively on the existing ecologically sensitive areas in and around the campus especially in lateritic grasslands. Because many insectivorous birds are dependent on these lateritic grassland habitats for their food and breeding grounds for many ground dwelling birds like Yellow wattled lapwing, Red wattled lapwing, Indian Robin and Barred buttonquails. Conserving these habitats will be helpful in protecting these birds.

Quotes from the participants: “The Campus Bird Count 2020 at Mangalore University was an experience of its own kind. Observing birds in their natural habitat gave me new perspective of viewing them not only as another living being, but as equals, or even of higher intelligence. The Campus Bird Count is an important step towards documenting bird life year after year, and creating awareness amongst youngsters, so that proper conservation steps can be taken to protect them from human interference”.

-Jyotsna Dessai ( 1 M.Sc Zoology)

Bengaluru, Jun 18: Karnataka Public Service Commission (KPSC) was reprimanded for withholding information, sought by a candidate regarding an examination held in 2005 for Gazeted Probationary posts, by the State Information Commissioner here on Thursday.

According to official sources, the State Information Commissioner NP Ramesh, while disposing off a petition by the candidate, who had written an examination conducted by the KPSC for the gazeted probationary posts held in 2005, had directed to provide the information sought by the candidate, free of costs within ten days.

The State Information Commissioner in his order had termed the conduct of the KPSC as against the spirit of transparency among the public authorities.