SC upholds Hadiya’s rights, sets aside Kerala HC order annulling her marriage

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, Apr 11: Karnataka Library Department’s mobile application, which is said to be the first of its kind initiative in the country has seen an exponential growth in downloads during the COVID-19 lockdown, a senior Minister said on Friday. The main reason that the application is growing is due to the heavy students demand as schools and colleges are closed during the 21-day nationwide lockdown.

Students are relying on online material for their studies as they can’t step out of the house and risk being infected.

The Library Department's efforts to keep readers active through the lockdown time, by prompting them to utilise its e-initiatives is paying off, Primary and Secondary Education Minister Suresh Kumar said.

"The app is seeing exponential increase in downloads since its launch. As many as 16,500 people have taken it; while ten thousand people have downloaded it during this brief lock down time itself," he said.

E-library mobile app was released by the library department on February 26.

There are over one lakh e-books available on department's digital platform ranging from arts, humanity, school curriculum, competitive exams and self help to classic novels - all for free for the readers.

"Its needless to say, the variety of attractive content that is available in the app is creating all the buzz among the public. Not just the books, the app contains over 600 educational videos too," the Minister said in a statement.

Considering that over 16,500 readers have downloaded the app since its launch a couple of months back, its high time, we see this domain as an opportunity for growth, he said, and stressed on the need for better adaptability approaches to the changing times.