Authority for IMA cases seeks feedback from depositors on draft claim process

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.

Mangaluru, June 23: G Jagadeesha, deputy commissioner of Udupi, who is heading the magisterial inquiry into the December 19 police firing case in Mangaluru, has sought more time from the government to submit the report.

Two innocent passersby - Nauseen Kudroli (49) and Abdul Jaleel Bengre (23) - were killed when policemen opened fire randomly after caning the alleged anti-CAA protesters in Mangaluru. 

The chief minister B S Yediyurappa led Karnataka state government had commissioned two inquires, one magisterial and the other CID, into the incident. 

“Due to the covid-19 pandemic the probe couldn’t be complete on time. I have asked the government for more time. Two more hearings are to be conducted,” said Mr Jagadeesha, who was expected to submit the report before the government on Tuesday.

Bengaluru, Apr 16: Former chief minister HD Kumaraswamy had said that his son Nikhil's marriage ceremony will take place at bride Revati's residence in Bengaluru, however, the wedding preparations are also going on in his farmhouse at Ramnagar.

This comes amid the lockdown in the country due to COVID-19 outbreak. The farmhouse is located at Kethaganahally, near Bidadi in Ramnagar.

Kumaraswamy has said the marriage will be simple and only his family members will attend and no one from outside would be invited.

Earlier Kumaraswamy has said that his son's marriage will take place on April 17 at bride house.