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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.

Mysuru, Mar 18: Even though the migration season is coming to end and the winged visitors are set to fly back, the water bodies where most birds nest and breed are under close surveillance with the report about spread of bird flu in Mysuru as unusual death of birds can be a cause for worry and hence the authorities are on high alert.

At Karanji Lake, the birds are watched in detail twice – morning and evening. If any sick bird or dead bird is noticed, the Zoo Vets are alerted. So far, no such birds had been sighted. The surveillance data is maintained every day. Intensive surveillance and passive surveillance is done.

Zoo Authority of Karnataka (ZAK) Member Secretary B P Ravi said the birds are doing well and there is no cause for worry with their health monitored constantly along with tests on the bird droppings done every month at the National Institute of High-Security Animal Diseases in Bhopal.

Mumbai, Feb 26: Targetting Shiv Sena's silence over the recent controversial remark by AIMIM leader Waris Pathan, former Maharashtra Chief Minister Devendra Fadnavis on Tuesday said the Uddhav Thackeray-led party might be "wearing bangles" but the BJP was not and knew how to retaliate in the same manner.

"Shiv Sena might be wearing bangles but we are not. If someone says something then he will be given an answer in the same way. BJP has this much power," said Fadnavis while launching a scathing attack on ruling-Shiv Sena in Maharashtra for not taking strict action against Pathan.

Fadnavis was addressing protestors at Azad Maidan where BJP launched a protest against Maharashtra government over issues related to farmers and women.

On February 20, while addressing an anti-CAA rally, at Kalaburagi in Karnataka, Pathan had said, "time has now come for us to unite and achieve freedom. Remember we are 15 crore but can dominate over 100 crores."

"They tell us that we have kept our women in the front - only the lionesses have come out and you are already sweating. You can understand what would happen if all of us come together," he had said.

Facing flak over his remarks Pathan later took back his words and had said he had not targeted any community but had spoken against members of some organisations.

"If any of my words have hurt someone, I take them back as I am a true Indian," Pathan said at a press conference here.

The AIMIM leader said that he was being portrayed as being anti-Indian and anti-Hindu for the past couple of days.

"I want to say that my earlier statement was basically against people who are members of organisations like RSS, BJP, Bajrang Dal, etc. These 100 are those people who want to divide this beautiful nation," he added.