Gang war: Rowdy-sheeter’s brother hacked to death on his house terrace in Mangaluru

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 4: Karnataka High Court on Monday reserved order on plea, seeking cancellation of bail granted to Nithyananda for skipping the trial and fleeing the country.

After hearing the arguments, the court has reserved the matter for further orders which will be pronounced on February 5.

The plea, which was filed in the high court on January 23, was heard by Justice John Michael Cunha.

The counsel for the complainant Lenin put forth arguments that the self-styled godman Swami Nithyananda had fled the country to escape the trial. "Nityananda has been claiming to be in India in his exemption petitions filed before the trial court but during that time he sought asylum in Ecuador and is having a second passport," said Lenin.

The prosecutor informed the court that they do not need his presence for the trial at this time.

Nithyananda, accused of rape and child abuse, has been absconding since November 2018.

In December 2019, the Ministry of External Affairs said that the passport of Nithyananda was cancelled and a fresh application of the same was denied as he did not get the requisite clearance from police and several criminal cases have been lodged against him.

Police in Ahmedabad had arrested two woman administrators of the ashram, allegedly owned by Nithyananda, and freed two boys who were held captive there.

Two of his disciples, Pranpriya and Priyatattva, were arrested on the basis of a complaint filed by one Janardhan Sharma who alleged that his daughter was held captive in Nithyananda's ashram.

The police took the two women to Nithyananda's ashram in Hathiajan for an investigation and seized laptops, mobile phones among other things.

Mangaluru, May 23: Domestic flight services will resume from Mangaluru International Airport (MIA) from May 25 as per the instructions of Union Civil Aviation Ministry. Six Indigo and SpiceJet flights will be operated from Mangaluru to Bengaluru, Mumbai and Chennai.

Air-India is yet to finalise its schedule, airport sources said. Three Indigo flights will depart from Mangaluru to Bengaluru, Mumbai and Chennai and three flights of SpiceJet will leave for Bengaluru and Mumbai on May 25.

SpiceJet flight will take off from Bengaluru to Mangaluru at 8.30 am and7 pm while Indigo will take off from Mangaluru to Bengaluru at 5.55 pm. SpiceJet flight will take off from Mangaluru at 10.20 am and 9.35 pm while Indigo will depart at 7.30 pm.

From Mumbai, Spice Jet flight will take off at 7.05 am and Indigo at 9.30 am. The Mangaluru-Mumbai SpiceJet flight will take off at 9.05 am and Indigo at 11.40 am. Indigo flight will depart from Chennai to Mangaluru at 5.45 pm and from Mangaluru to Chennai at 8.05 am.