Mangaluru: Bajrang Dal activists attack cleric, assault Muslim youth with sword

Kottayam, Mar 16: A trial court in Kerala  on Monday dismissed a discharge petition filed by Bishop Franco Mulakkal, in connection with the case of alleged rape of a nun in which he is the prime accused.

In his plea filed before the Additional District and Sessions Court I, Mulakkal had claimed that prima facie there was no case to frame charges against him.

Dismissing the plea, the trial court said the bishop should stand for trial in the rape case.

The bishop's lawyer said an appeal would be filed in the High Court against the trial court order.

The prosecution had filed its objection to the plea filed by the bishop, accused of raping and sexually assaulting a nun of the same diocese.

The bishop had filed the plea just ahead of commencement of the preliminary hearing on charges against him in January this year.

The case is based on a complaint filed against the bishop by the nun.

In her complaint to the police in June, 2018, the nun had alleged that she was subjected to sexual abuse by the bishop during the period between 2014 and 2016.

The bishop, who was arrested by the Special Investigation Team which probed the case, has been charged with wrongful confinement, rape, unnatural sex and criminal intimidation.

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, Apr 8: In a strong show of support, Karnataka Chief Minister BS Yediyurappa stood behind the minorities in the state and said no one should target the Muslim community over the coronavirus crisis and the Tablighi Jamaat.

He said those communalising the issue will be dealt with strictly.

BS Yediyurappa was speaking to a regional media channel when he said "Nobody should speak a word against Muslims. This is a warning. If anyone blames the entire Muslim community for some isolated incident, I'll take action against them also without a second thought. Will not allow that to happen."

Since then, many have welcomed the CM's remarks including the opposition.

Former Karnataka Congress president Dinesh Gundu Rao tweeted and said that other BJP leaders should follow the Karnataka CM and that it's a welcome step.

Congress president DK Shivakumar too said he agrees with the chief minister and that no one should target one community. "The CM should also act strictly against people posting communal remarks on social media and issue an order."

Earlier, Karnataka CM BS Yediyurappa held a meeting with minority opposition MLAs and MLCs and urged them to pass the message within the community asking those who had attended the Delhi Nizamuddin Markaz event to come and get tested for Covid-19.