Transferred DySP Anupama Shenoy reinstated after outcry

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.

Mangaluru, Jun 23: The wholesale fresh fish dealers have voluntarily decided to suspend sale for 10 days from June 24 in the wake of fresh coronavirus outbreak in the region. 

Convening the collective decision of the traders in a letter, K Ashraf, working president of the association of Mangaluru fisheries harbour fish traders and commission agents, has urged the deputy commissioner to formally impose ban on fish trade in the city for next 10 days to prevent the spread of the covid-19. 

Mr Ashraf stated that decision was taken as many fish traders suffering from symptoms such as cough, cold and fever for last few days and some of the traders have got themselves admitted in hospitals for treatment. 

The letter urged the DC to prevent and ban unauthorized traders selling fish not only in Bander but also in neighbourhoods like Ullal Kotepur, Hoige Bazar, Bengre, Farangipet, near VRL, Kudroli, Kallapu and Maripalla. 
 

Mangaluru, Feb 25: The coastal city of Mangaluru today witnessed yet another major agitation against infamous CAA, NPR and NRC with large number of people gathering at Kudroli’s Tipu Sultan Garden to register their protest against union government’s racist policies.

Addressing the gathering activist B R Bhaskar Prasad said, he knows the RSS inside out as he was associated with it for a prolonged period.

He said the ultimate aim of RSS is to establish a casteist society in India with the micro-minority community of Brahmins having complete control over all other major communities. 

Lambasting Prime Minister Narendra Modi and Home Minister Amit Shah for constantly harassing people of India through back to back contentious legislations, he said that the duo poised to destroy the country.