Muthalik, others booked for staging protest at Bababudan Dargah

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.

Chikkamagaluru, Feb 19: A 31-year-old homemaker was murdered and valuables, including 100gm of gold and 2kg of silver, were reported missing from her house in Kadur town of Chikkamagaluru district late Monday evening. Her 11-month-old son, who was with her at the time of the attack, had a miraculous escape.

Police said Kavita's husband Dr Revath was away in his clinic in the town's Kadur-Birur road along with their first son, 5. Kavita, who has done MA and from Udupi, and the dentist married seven years ago.

District superintendent of police Harish Pandey has formed a special team to probe the incident that took place in Lakshmish Nagar in the town.

According to police, Kavita spoke to her husband around 6.45pm on Monday and didn't answer his subsequent calls, triggering a strong suspicion in him that something was amiss. He called his relatives living nearby to check on his wife. The relatives rushed to the house only to find the main door locked.

Since Kavita didn't answer the doorbell, they force-entered the house from the rear door and found her in a pool of blood. She was taken to a private clinic where doctors declared her brought dead.

Police said the woman was killed by a sharp weapon by slitting her throat between 6.45pm and 8.15pm. The rooms and almirahs had been found ransacked. At least 100gm gold ornaments, 2kg of silver and cash were missing from the house.

Mangaluru, Jan 5: In a frightening incident, a leopard which was trapped in a snare attacked and injured three persons in its successful bid to escape Balpa village in Sullia taluk of Dakshina Kannada. 

The incident occurred on Thursday when around 15 forest staff approached the trapped leopard to tranquilize it with a dart. The leopard, however, managed escape. 

While running away, it attacked a villager Balakrishna, aged about 70, who was working in the nearby plantation. He sustained injuries on his upper lips.

He was rushed to a hospital in Sullia and then was shifted to the Government Wenlock hospital for further treatment. He is learnt to be out of danger.

After this incident, the forest department kept a tab and tracked the leopard using a drone.  

According to V Karikalan, deputy conservator of forest (DCF), Dakshina Kannada, Between 5pm to 5.30pm on a tip off that leopard was spotted near a bush, the forest department tried to approach it again and the animal jumped on the officials, injuring Assistant Conservator of Forests Austin and forest guard Divith. 

The injured were rushed to a nearby hospital and then taken to Mangaluru for further treatment. They are learnt to be out of danger.

Meanwhile, the department is continuing combing in the village and surrounding areas. Three teams consisting of three RFOs and 10 Dy RFOs, supported by doctors are on the field. The forest department has also placed two leopard capturing cages in the area. Night patrolling will continue and public announcements are being made.