BJP slaps legal notice against historian Guha for linking Gauri to Sangh Parivar

Mangaluru, May 15: The second evacuation flight from Dubai to Mangaluru is expected to bring nearly 180 stranded UAE Kannadigas on May 18.

Air India Express B737-800NG aircraft will take off from terminal 2 of Dubai International Airport at 1.30 pm UAE time and land in Mangaluru International Airport at 6.30 pm local time, sources said.

Mangaluru Airport had witnessed chaos when the first repatriation flight arrived on May 12. Now many passengers of the first flight tested positive for the covid-19.

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, Feb 21: Historian Ramachandra Guha on Thursday refuted Karnataka home minister Basavaraj Bommai's claim that the latter had apologised for police allegedly manhandling him during an anti-CAA protest in the city, saying he received no such call or apology.

The writer further said even if such an apology had been offered, he would have rejected it.

"The Home Minister of Karnataka has claimed on the floor of the State Assembly that he apologised to me by phone for the manhandling by the Bengaluru police on 19th December 2019. This is false.

I received no such call or apology," Guha tweeted.

"Even if such an apology had been offered, I would have rejected it.

The imposition of Section 144 was illegal (as the Karnataka High Court has since held) and I was proud to be one of thousands of peaceful protesters who defied the States arbitrary action on that day," he said in another tweet.

During his reply to the debate on law and order situation in the state, Bommai on Wednesday claimed that he had apologised to Guha.

The minister was apologising to senior Congress MLA and former Speaker K R Ramesh Kumar for police serving him notice and detaining him along with others at Mangaluru airport in December for trying to enter the city despite restrictions following violence there.

Stating that anti-CAA protests have taken place peacefully across the state, he had said, there might have been minor discrepancies, like that with historian Ramachandra Guha, being manhandled during a protest.

"I have called and apologised to him," he had said.

Guha was detained on December 19 for staging a demonstration against the Citizenship Amendment Act and National Register of Citizens at the Town Hall here, in defiance of the prohibitory orders imposed in the city.

He was taken away by police personnel and led to a police vehicle parked nearby.

Leader of Opposition in the assembly and former chief minister Siddaramaiah said Bommai has committed a "perjury" in the House, and asked him to apologise to people and Guha in front of media.

"Bommai has committed a perjury on the floor of the House. It answers the question of where @BJP4India workers derive their motivation to spread fake news.

Bommai has insulted the people whom he represents," he tweeted and demanded that he apologize to people and Guha.