SC suspends triple talaq for 6 months, asks Parliament to make a law

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, May 31: The coronavirus related fatalities in Karnataka rose to 49 with the death of a 47-year-old woman while 141 new coronavirus cases were confirmed on Saturday taking the infection tally to 2,922, Karnataka minister S Suresh Kumar said.

Among the fresh cases, 90 are inter-state passengers, he told reporters.

The deceased woman from Bidar was admitted on May 24 and died on May 28 at a designated hospital in Bidar, Kumar, minister for primary and secondary education and spokesperson for Covid-19 in the state, said.

The woman was diagnosed with influenza like illness with a history of paralysis and was bed-ridden besides having hypertension and convulsions, Kumar said.

According to him, the total cases include 997 discharges, 1,874 active cases, 49 Covid-19 deaths and two non-Covid related deaths.

Of the total active cases, 15 are in the ICU, he added.

The new cases comprise 33 in Bengaluru, 18 in Yadagir, 14 in Dakshina Kannada, 13 each in Udupi and Hassan, 11 in Vijayapura, 10 in Bidar, six in Shivamogga, four each in Davangere and Haveri, three in Kolar, two each in Kalaburagi, Mysuru, Uttara Kannada, Dharwad, and one each in Belagavi, Chitradurga, Tumakuru and Bengaluru Rural, the health department said in its bulletin.

The minister said the government has issued an order regarding relaxation of curfew on Sundays.

According to the order issued by Chief Secretary T M Vijay Bhaskar, there will not be any curfew on Sundays throughout the day following requests from people.

As per the previous order, curfew was from 7 am to 7 pm on Sundays.

Bantwal, Feb 2: A 45-year-old man was found murdered in a parked Innova car at Shantinagar near Nagri in Sajipa Munnur in Bantwal taluk today. 

The deceased has been identified as Tasleem, a native of Kerala who was wanted in a few criminal cases. He was, according to reports, a member of Kerala's notorious Ziya. 

Tasleem was an accused in Kalia Rafiq murder in Ullal (2017). He was arrested last year in connection with a jewellery store robbery case registered in Mangaluru North police station and was sent to Kalaburagi prison. He was later released on bail. 

Police are of the suspicion that a rival gang might have kidnapped him, tried to strangle him and then stabbed him in the stomach, before fleeing the spot.

The car had been parked at the spot since morning. The locals who grew suspicious at this informed the police. Circle inspector T D Nagaraj and other officers conducted spot investigation.