Derogatory Facebook post against Hindu goddess: multiple complaints lodged

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, Apr 17: The Karnataka government on Friday asked Information Technology, biotechnology and allied companies not to go for closure or layoffs citing lack of work orders due to COVID-19 lockdown and instead consider measures like cutting salaries among other things.

It said IT/BT companies in the state can resume operations with 50 per cent from their office space after April 20.

Deputy chief minister C N Ashwath Narayan, who is also in charge of IT & BT department, held video consultation with the captains of the industry in light of the disruption caused due to the lockdown, and discussed on the way forward - both for effective implementation of the lockdown as well as the future course to deal with the unique circumstances.

"Immediately we are going to permit 50 per cent, but it doesn't mean that they will be able to mobilise 50 per cent immediately. It will take few weeks for them to do so. Gradually percentage will increase and it will start getting back to normalcy," Ashwath Narayan told reporters.

Stating that there were discussions regarding layoffs, he said, companies should not go for layoffs, instead of that gradation or deduction in the salary should be taken up, so that it doesn't affect the functioning of companies also that are facing less orders.

"On handling such financial crisis they (industry) wanted government consideration with mutual cooperation and understanding the concerns," he added.

Pointing out that concerns were also expressed regarding measures or protocol that needs to be followed if any positive cases are reported in any of the office spaces, Ashwath Narayan said, certain guidelines will be issued in consultation with the Health Department.

"Once the relaxation is given this may become the usual phenomena, as cases will be reported here and there... so in that scenario how we need to work and handle the situation is important, so we will be working on protocols how to handle the situation. So far we have planned for residential areas and not for work spaces," he said.

The deputy chief minister said the IT and BT industry leaders are extremely happy with regard to the support system or backup given by the government of Karnataka, particularly IT/BT department.

Even during this crisis period in the entire world, Karnataka and Bengaluru were able to get a good reputation and become reliable partner, as IT/BT service providers in both the city and the state were able to provide excellent quality services to their clients without any interruption, he said.

If you compare with any state or country, we have done extremely well, and hope that this would get more business, he added.

Biocon chief Kiran Mazumdar Shaw, Infosys co-founder Kris Gopalakrishnan, who is also the Chairman of Vision Group IT, were among others present at the video conferencing.

Noting that concerns expressed by the industry regarding passes for employees to commute to office, Ashwath Narayan said, the government would make necessary arrangements in this regard, considering measures that need to be taken after April 20.

Regarding providing transport facility, they can seek for services from public transport Bangalore Metropolitan Transport Corporation (BMTC) on a contract basis, he said, adding that "We will be ready to facilitate BMTC."

The minister said the industry leaders wanted internet services to continue with the same quality and without any interruption.

Bengaluru, Jun 10: Janata Dal-Secular (JD-S) supremo and former Prime Minister H.D. Deve Gowda said on Tuesday that he filed his nomination for the June 19 Rajya Sabha elections from Karnataka in response to a collective call from national leaders to be back in the Parliament.

"Though I was not personally interested to contest, national leaders from Congress President Sonia Gandhi, National Conference President Farooq Abdullah, TMC and Left parties want me back in Parliament," he told reporters here.

Gowda, 87, filed his nomination in the Vidhana Soudha, submitting the papers to Assembly Secretary and Returning Officer M.K. Vishalakshi, a party official told IANS.

Gowda''s second son and former minister H.D. Revanna and third son and former Chief Minister H.D. Kumaraswamy were present on the occasion.

"Our party''s all 34 legislators also urged me to contest as my presence is necessary in Parliament at a time when the country was grappling with multiple crises in the aftermath of coronavirus," said Gowda.

Claiming that there was no pressure from his two sons as they are more concerned with his health, Gowda said he was touched by the requests of the national leaders, especially Gandhi who personally called him and asked him to contest as the country needed his presence in Parliament.

Gowda agreed to contest in the bypoll as his party''s candidate after the Congress state unit assured him of its support with its surplus votes, as the JD-S with 34 legislators is short of 10 votes of the required 44 votes.

It will be second time Gowda will enter the Rajya Sabha, 24 years after he was its member as the Prime Minster from June 1996 to April 1997 of the United Front government.

"Congress General Secretary K.C. Venugopal informed Kumaraswamy on June 6 that the party was fielding only its senior leader Mallikarjun Kharge from Karnataka and had surplus votes to ensure my victory as our party is 10 votes short of the required 44 votes to win," Gowda said.

Kharge filed his nomination on Monday.

Party''s outgoing member Kupendra Reddy, whose 6-year term ends on June 25, told Gowda that he was not interested for a second term as he did not get enough time in the upper house to raise issues.

"As our party does not have numbers in Parliament to get more time allotted to raise issues and participate in debates, Reddy wanted me to be in the Rajya Sabha in his place so that I could serve the nation better," Gowda said.

Gowda lost in the May 2019 general elections from Tumkur to G.S. Basvaraj of the BJP.

With the term of the four members -- Congress'' B.K. Hariprasad and Rajeev Gowda, BJP''s Prabhakar Kore and JD-S''s Reddy ending on June 25, the Election Commission notified the poll on June 1.

According to the poll panel, the nominations will be scrutinised on Wednesday and last date for withdrawal by candidates is June 12. Polling and vote count is on June 19.

From the ruling BJP, its grassroot cadres Eranna Kadadi and Ashok Gasti filed their nominations after Gowda.

By fielding Gowda for the fourth seat, the Congress and JD-S, who had post-poll and pre-poll alliances for the Lok Sabha and state Assembly elections in May 2019 and May 2018, queered the pitch for the BJP, denying it the chance to win a third seat.