Tipu Sultan’s legacy continues to endure

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, July 13: The results of the recently concluded II PUC examinations in Karnataka will be announced tomorrow, Tuesday, July 14, at 11:30 am.

The results, according to Primary and Secondary Education minister S Suresh Kumar, will be sent in the form of SMS-es to the registered mobile numbers of the students by 11:30 am.

Over 6.5 lakh students had appeared for the II PUC exams. 

Even though examinations for most of the subjects was completed in March, students had to wait close to three months, due to nationwide lockdown, to appear for the last exam -- for English -- which was held on 18th June.

Thiruvanathapuram, Mar 27: The state is heading for its worst ever crisis with coronavirus cases increasing rapidly and Kasargod district the worst hit. On Friday alone 39 positive cases were reported in the state of which 34 are from Kasargod.

Chief minister Pinarayi Vijayan said the situation is grave and Kasargod has been the worst hit. More than the positive cases reported in the district, the worrying factor is that many people have come into contact with these positive cases.

The chief minister warned that the government will be forced to declare the names of the people who are defying the quarantine guidelines in the district. More people have been put under risk in the district and the district administration is much concerned since the results of 215 samples are yet to come.

There is no other way but to tighten the restrictions imposed in the district against the people coming out of their houses. The government has decided to provide more facilities to the hospitals in Kasargod and Kannur to meet an emergency.

The medical college hospital in Kannur will be converted into a coronavirus hospital with 200 bed strength. Steps have been taken to equip the medical college hospital with more facilities. The Central University at kasargood will be converted into as a temporary coronavirus treatment centre. 

The state has also requested permission from ICMR to begin the testing facility here, said the chief minister.

The total number of positive cases reported in the state have now become 176 of which 12 have been discharged after testing negative. At present 164 positive people are admitted in several hospitals of the state.

On Friday of the 39 positive cases, two are from Kannur and one each from Thrissur, Kollam and Kozhikode. With this all the districts in the state have been now affected with coronavirus.