Karnataka BJP mounts pressure on Cong over charges against Venugopal

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 10: Karnataka Pradesh Congress Committee (KPCC) president D K Shivakumar said that Congress will make travel arrangements for stranded Keralites in the state in order to facilitate them to reach their homes.

"On the request made by Kerala Pradesh Congress Committee, the Karnataka Pradesh Congress Committee has appointed MLA NA Haris as in-charge coordinator to look after the Kerala citizens stranded in Karnataka," DK Shivakumar, President of Karnataka Congress said in a letter addressed to Kerala Congress.

"MLA Haris will guide and assist the Kerala citizens and make the travel arrangements for those who have obtained travel passes from concerned districts after discussing with government officials to send them to their respective places with government's approval," he added.

Shivakumar shared the contact details of MLA NA Haris and a helpline number for people to register their details.

The Ministry of Home Affairs (MHA) on May 1, issued an order to extend the ongoing lockdown by two more weeks from May 4 and also allowed the movement of migrant workers, tourists, students and other persons stranded at different places, by special trains, to their homes.

Mangaluru, Mar 29: Dakshina Kannada Co-operative Milk Producers’ Union Limited in a statement announced that their milk collection centres across Dakshina Kannada and Udupi districts will be closed on March 29 and 30.

Due to a shortage of storage space with them, the Union has decided to stop collecting milk on these two days, according to the statement issued here on Saturday.

The sale/retail of milk and milk products won’t be affected in these two days.