Beef row: Bajrang Dal activists among 7 booked for attack on Dalits

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, Jul 23: A nurse who was serving as a frontline COVID warrior at the Wenlock Hospital in Mangaluru and has recently tested positive along with her 7-year-old son has complained to the Deputy Commissioner against the harassment meted out by some miscreants who have been spreading false rumours against her.

Health official said that some people in her area have given false complaints against her to government officials thus inflicting mental torture on her and her family.

In her letter, the nurse has stated that the attitude of the people forcing her to consider quitting the job. "I have served the people by treating my work as worship. Anti-social elements have been torturing me now. I am very much hurt," the she said. 

The nurse’s house at Moodbidri has been sealed after she was tested positive. However, her husband and younger child were tested negative.

Bengaluru, Feb 5: Karnataka Home Minister Basavaraj Bommai on Tuesday said that he has demanded a report on the Shaheen School incident after reports emerged that children were allegedly interrogated by the police for hours at a stretch, while not allowing parents to be present.

Terming the incident a very sensitive matter as it involves children, Basavaraj Bommai said, "I have asked for a report on the Shaheen School incident. As it is a very sensitive and serious issue, I have asked the police to handle it carefully."

"I have asked the police to take the help of the women and child protection committee at the district level. However, I have been told that the police had visited the area where the play was done and no interrogation of children in isolation took place. Nevertheless, I have asked the police to handle the issue with care and do everything within the law," Basavaraj added.

The matter pertains to a programme organised as a part of the Republic day celebrations where the children in Shaheen School in Bidar had staged a play against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).

The Akhil Bharatiya Vidyarthi Parishad (ABVP) had protested alleging that the play at Shaheen School in Bidar was derogatory. In the play, the participants were shown staging an anti-CAA sequence where there were dialogues encouraging non-cooperation with anyone asking for documents. A case was registered against the school management.

Meanwhile, CEO of Shaheen Education Institute, Bidar, Tauseef Madikeri had said, "Police have invoked Sections 124A, 505 and 504 of the IPC against the institution, over a play staged against CAA and NRC. It is beyond anyone's imagination. Deputy SP visited the classroom and interrogated the students."

Karnataka police had sealed the offices of the school after its students participated in the play. Meanwhile, the police had questioned students of Shaheen School after a play against the CAA and NRC was staged during the Republic Day celebrations.

The child rights groups, teachers and educationists had issued a statement condemning the police interrogation in the incident.