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.

Ahmedabad, Jan 12: Union Home Minister Amit Shah on Saturday unveiled over 5.5 lakh postcards written by Ahmedabad residents to Prime Minister Narendra Modi, thanking him for the Citizenship (Amendment) Act.

The postcards were stacked on the dais as Shah addressed a gathering of BJP workers who formed letters `C A A’ in front of him.

The state BJP claimed that the party’s “largest awareness campaign” in support of the CAA had found a place in Limca Book of Records and World Record of India.

“It is not just words but a letter of thanks written from the heart. Our public outreach programme is a reply to the lies being spread against the CAA,” Shah said addressing BJP workers from his former Assembly constituency Naranpura.

The BJP had promised to enact the CAA in its manifesto, he said, asking why the Congress did not oppose it then.

Targeting Rajasthan Chief Minister Ashok Gehlot, Shah said, “Congress has a government in Rajasthan. The Congress party in that state had promised that Hindus and Sikhs from Pakistan would be given citizenship.

“Why do you oppose it when we fulfill the promise made by you?” the Union home minister asked.

“In 2006 and 2009, Ashok Gehlot wrote a letter for the same. We covered Hindus, Sikhs, Parsis, Christians, all of them under the Act, you had only mentioned Hindus and Sikhs,” Shah claimed.

Saying that Prime Minister Narendra Modi, by bringing in the CAA, granted “human rights to lakhs of people”, he asked why opposition was against it.

He challenged “Rahul Baba” (Congress leader Rahul Gandhi), Mamata Banerjee and Arvind Kejriwal to show if any provision of the CAA took away the citizenship of Indian Muslims.

“There is no such provision. Lakhs and crores of people have come to India from Pakistan, Bangladesh to save their religion, their self-respect, to save themselves. Where else will they go?” he asked.

“From the first prime minister of the country Jawaharlal Nehru to the first home minister, first president of the country, and Mahatma Gandhi himself had said that whoever comes to India from Pakistan will be granted citizenship. Hindus, Sikhs, Buddhists and Jains coming from Pakistan have nowhere else to go,” he said.

Mangaluru, July 13: Nalin Kumar Kateel, MP of Dakshina Kannada, has appealed the chief minister to give nod to impose a week-long lockdown in the coastal district in the wake of mounting coronavirus cases.

Mr Kateel, who is also the president of Karnataka BJP, participated in a video conference with chief minister BS Yediyurappa along with Deputy Commissioner Sindhu B Rupesh and district in charge minister Kota Srinivas Poojary.

The final decision about the lockdown in the district will be taken following a meeting under the leadership of the deputy commissioner, wherein the elected representatives of the district will express their opinions.