Brahmins did not start untouchability: Pejawar seer

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.

Thiruvananthapuram, Mar 29: Twenty more people were

detected with coronavirus in Kerala on Saturday, taking the total number of those undergoing treatment for the deadly infection to 181, Health Minister K K Shailaja said.

While Kannur reported eight cases, Kasaragod 7, Thiruvananthapuram, Ernkulam, Thrissur, Palakad and Malappuram reported one case each, Shailaja said in a statement here.

Of the 20 people, 18 had come from abroad and two others had been infected through contact.

The man found positive here was in the isolation ICU of the Thiruvananthapuram Medical College hospital, while one positive case from Ernakulam was a health worker.

The samples of four persons who were under treatment at Pathnamthitta were found negative.

At least, 1,41,211 people are under observation across the state, the Minister addd.

Mangaluru, Apr 28: Trucks carrying fish loads from Kerala will not be allowed to enter Dakshina Kannada district as the authorities are not being able to control the rush in markets, state Fisheries Minister and district-in-charge Kota Srinivas Poojary said Monday.

The deputy commissioner has been instructed to restrict the entry of fish transport vehicles from outside the district forthwith, in view of the difficulty in maintaining social distancing at the markets identified in the district, the minister told reporters here.

The coastal district has to take more precautionary measures to fight COVID-19 as the number of positive cases have risen in the last couple of days, he said.