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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, Jan 24: Aditya Rao, who was arrested for planting Improvised explosive device (IED) at Mangaluru airport on January 20, was brought to the airport on Friday for recreation of the crime scene as part of the investigation process.

Yesterday, one more case was registered against Rao in connection with a hoax call to the terminal manager of the airport on January 20, police said.

"One more case has been registered against Aditya Rao at Bajpe Police station for a hoax call to the terminal manager of Mangaluru International Airport on January 20," said PS Harsha, Mangalore Commissioner of Police on Thursday.

Earlier, Harsha informed that Rao, who surrendered before the Bengaluru Police, is now in the custody of Mangaluru Police.

"Our investigation team arrested Aditya Rao in Bengaluru in connection with the planting of an explosive device at Mangaluru airport. We produced the accused before Bengaluru's first JMFC court and the court issued a transit warrant," Harsha said.

"We have brought him to Mangaluru from Bengaluru and now the accused is in our custody. Our investigation team will interrogate him. We will investigate all aspects. He will be produced before Mangaluru 6th JMFC Court," he added.

Rao hails from Udupi and has engineering and MBA degrees.

According to the police, the IED was recovered from a bag at the Mangaluru airport. It was later defused in an open field by the personnel of the bomb disposal squad.

Mangaluru, Mar 8: A cruise ship with a Panama flag has been turned back at the New Mangalore Port here following the Centre's advisory in the wake of the coronavirus outbreak, officials said.

The vessel 'MSC Lirica' was sent back on Saturday as the Union Ministry of Shipping had directed all ports not to allow any cruise ship from foreign destinations to call on Indian ports.

No further details about the ship were disclosed.

New Mangaluru Port Trust chairman A V Ramana said the ministry has directed all ports to deny entry to cruise ships till March 31 in the wake of the coronavirus scare.

Around 25 vessels were expected to call on the port here during the cruise season.

Meanwhile, the National Disaster Response Force (NDRF) conducted an awareness programme on prevention of coronavirus COVID-19 at Mangaluru International Airport.

The stakeholders were sensitised on handling passengers affected with covid-19 and precautions to be taken for dealing with affected passengers.