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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, Apr 23: The scarcity of water in Kukkavu area of Belthangady town in Dakshina Kannada district has forced school-going children to dig a well with their hands.
The children studying in primary schools were seen lifting the heavy buckets of water from the well.

The residents were facing the water shortage from the past couple of days, amid the coronavirus lockdown.
A group of five adolescents managed to dug the well as deep as 12 feet within just a span of four days.

" We are facing water problem now. With the support of my five more friends, we dug this well. At the beginning we just found soil, then in the deeper layers, we also found stones. We got access to the water at 10 feet down," said Dhanush, a class 9th student, while speaking to news agency.

The shortage of water during the summer months is a perennial problem in across several states in India, and the growing population has only added to the woes.

In extreme conditions, poor have to draw water from small water holes.

Mangaluru, Mar 31: With the Dakshina Kannada district administration relaxing the lockdown from 6 am to 3 pm to purchase essential commodities, panic-stricken citizens rushed to the shops early in the morning itself.

The citizens had formed a serpentine line in front of shops and supermarkets in different parts of Mangaluru and on the outskirts of the city to purchase their requirements.

As a precautionary measure, many were seen wearing masks.

“In spite of waiting in a long queue to purchase, we are not able to get the required essential commodities. Why can’t the district administration ensure enough stock of commodities in the shops and supermarkets,’’ asked a customer who had stood in a queue outside a supermarket at Chilimbi.
People were seen crowding outside markets at Kankanady, Mallikatte, Urwa and Central Market, violating the purpose of social distancing.

Consequently, vegetable prices have increased in the markets and shops. This is despite abundant stocks being available in these markets.

Trucks had unloaded the vegetables at Central Market on Sunday, according to sources. The prices of onions are skyrocketing yet again and is sold from Rs 50 to Rs 55 while a kg of carrot costs Rs 100.

"Why can’t the authorities check the rise in the price of vegetables and ensure that the poor are not inconvenienced," asks Lakshmi, a housewife.