Learn tolerance from erstwhile Hindu kings who welcomed Muslims: Khazi

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: The Karnataka-Kerala border closure at Talapady amidst nationwide Covid-19 lockdown has not only prevented the movement of vehicles and people from Kasaragod to Mangaluru but also stopped the supply of life-saving drugs from Karnataka’s medical hub to its bordering district.

Hundreds of people from Kasaragod and Kannur districts who were treated in hospitals of Mangaluru for past several years are still dependent on some of the medicines that are available only in Mangaluru. Such medicines have become inaccessible for Keralites following the border closure. Every day, a number of people from Kerala call their acquaintances in Mangaluru to see if there is a way to get medicine.

In fact, Karnataka government has blocked all 23 roads that connect the state with Kerala. The reason given was, Kasaragod is the hotbed of coronavirus and allowing traffic even in emergency cases might lead to spread of Covid-19 in border districts of Dakshina Kannada, Kodagu and Mysuru. The attitude has resulted in the death of around a dozen people in Kasaragod district in last couple of weeks.

Even after the intervention of the Supreme Court a few days ago, the authorities in Karnataka are facing the allegation of being hostile either by blocking the way ahead or turning a deaf ear to the patients reaching their border. 

At this juncture, three Good Samaritans – P K G Anoop Kumar of Canara Engineering College, Mangaluru, Satheesh Shetty of Kasaragod Patla and P Jayaprakash of Ponnangala – have come to the aid of the Malayalee patients who are dependent on medicines from Mangaluru. 

The three activists who are currently staying (in fact stranded amidst lockdown) in Mangaluru, are delivering life-saving medicines to patients in Kerala through Kerala fire servicemen and policemen posted at the Talapady border. 

Anoop Kumar says that took the initiative after a woman, Maria Augustine from Chemberi (Taliparamba) Nellikkutty, contacted him for a medicine. He managed to buy it from a medical store in the port city and handed it over to a Kerala fire serviceman at Talapady border. 

All three are activists of Communist Party of India (Marxist). After moving to Mangaluru, they set up ‘We Donate Charitable Society’ to donate blood. The activists say that they are ready to dispatch medicines from Mangaluru to any person in Kerala. Those Keralites who are in need of medicines from may contact: 888471344 - Anoop, 9895135881 - Jayaprakash

Bengaluru, Feb 26: Congress leaders on Wednesday staged a protest in front of Mahatma Gandhi's statue at Vidhana Soudha here against BJP MLA Basanagouda Patil Yathnal's alleged remarks accusing freedom fighter HS Doreswamy of being a "Pakistani agent".

Former Chief Minister and senior Congress leader Siddaramaiah, KPCC working president Eashwar Khandre also joined the protest.

Yathnal on Tuesday called Doreswamy a fake freedom fighter and a Pakistani agent, while addressing the media.

His comments triggered a controversy drawing sharp remarks from Congress and other parties.

Congress has demanded an apology from Yathnal and has also urged that his Assembly membership be cancelled.

"Session proceedings will not continue until Yathnal apologises," said senior Congress leader HK Patil while addressing the protest earlier today.

Siddaramaiah asserted that making "provocative" comments against such a freedom fighter is obnoxious.

Former KPCC president Dr G Parameshwar said: "Yathnal is a criminal who had mentioned in his election affidavit that he had 27 cases against him. He has made such loose comments against the freedom fighter. He should apologise for his remarks."