Chamundeshwari: HDK, CM up the campaign ante

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 12: Mohammed Nalapad, the rogue son of Karnataka Congress leader NA Harris, who is out on bail in a 2018 case of him bashing up a man at a pub, has now rammed his luxury car into vehicles, injuring four people on Bengaluru road.

The incident took place on Sunday on the Ballari Road where Nalapad was rash driving his car. The car hit a biker and an autorickshaw, injuring four people. He immediately got off his car and fled riding a friend's car.

The biker has suffered a fracture in his leg and is undergoing treatment at a hospital.

According to police, soon after the accident a man appeared before police to claim responsibility for the accident.

Ravikante Gowde, Joint Commissioner of Police said, "A man named Balakrishna came to surrender as the one who was driving the car. Investigation has, however, showed that it was Nalapad who was driving when he met with the accident. The investigating officer has issued him a notice to appear before the police."

BJP spokesperson S Prakash has said, "A case under the Goonda Act should be filed against Nalapad and the court should take cognisance of this and cancel his bail. The father has no control over son. He is a serial offender who is harming the public on a repeated basis."

Nalapad was earlier arrested in 2018 in the Bengaluru pub incident in which he and his associate bashed up the son of a prominent businessman in the city. Nalapad Harris is out on bail after remaining in judicial custody for three months in the case of attempt to murder after the 2018 midnight brawl.

Bengaluru, Jul 8: The expert committee constituted by the Karnataka government to look into imparting online education in the wake of the COVID-19 lockdown submitted its report on Tuesday to the Minister for Primary and Secondary Education, S Suresh Kumar.

Amid growing pressure by educational institutions to allow them to run online classes for the students, the government set up the committee headed by noted educationist M K Sridhar.

The Minister told reporters that some schools wanted to run online classes, including for LKG and UKG students. It had also come to the government's notice that schools were reportedly charging hefty fees in the name of online teaching, he added.

"To address the concerns of parents, schools, and the future of the children, the committee was formed,"Kumar said. He further said that the government would study the recommendations and hold discussions with officials and various stakeholders before arriving at a decision.

The Education Department said that the committee, in its report, titled "Continuation of Learning in School Education of Karnataka: Guidelines During COVID-19 Pandemic for Technology Enabled Education and Beyond", has recommended teaching online or by using printed material. The committee suggested that children in the age group of three to six be taught online by way of story-telling, rhymes and games strictly in the presence of parents thrice a week just for one session a day For students from class one to three, it advised two periods a day and three days a week for online teaching.

Students from class three to five would have classes five days a week and two classes for 30 minutes a day. For students from class six to eight, there could be three classes a day for a duration of 30 minutes to 45 minutes each, while for students of class nine and 10 there would be four sessions a day between 30 and 45 minutes each.

The committee also suggested usage of Doordarshan and Akashwani for the government school children. Suresh Kumar said there were a few petitions filed in the Karnataka High Court regarding online teaching to the children.