Centre may announce relaxation on 'many things' after May 17: Karnataka CM

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, Jan 6: Activist Irom Chanu Sharmila took part in a protest against the Citizenship Amendment Act (CAA), National Register of Citizens (NRC) and National Population Register (NPR) at Sir Puttanna Chetty Town Hall here on Sunday.

Sharmila, who came in the protest along with her child, took part in a 'burqa and bindi' protest marking the birth anniversary of social reformer Savitribai Phule.

Protests have erupted across the country over the CAA which grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist, and Christian refugees from Pakistan, Afghanistan, and Bangladesh, who came to India on or before December 31, 2014.

Mumbai, June 7: As the Maharashtra government has given green signal for outdoor physical activities under 'Mission Begin Again' despite amidst growing cases of covid-19,  thousands of Mumbaikars flocked to Marine Drive for 'morning walks' on Sunday.

People were seen wearing masks as a precaution from the novel coronavirus pandemic, however, from the viral photo, it seems that no social distancing norms were followed what so ever.

"Better call it marne waalon ka drive," said a Twitter user. "Still people have no sense of responsibility," said another Twitter user.

After nearly 80 days of lockdown, Mumbai and other parts of Maharashtra revved back to life on Friday. 

Most markets, market areas, commercial and trading areas - barring malls or market complexes - reopened for business even as Chief Minister Uddhav Thackeray reiterated that "people should tread cautiously while beginning a 'new life' from today".

Meanwhile, of the total 82,968 cases in Maharashtra, Mumbai now accounts for 47,354 cases and 1,577 deaths.

On Saturday, Maharashtra reported 120 deaths, including 58 in Mumbai, due to COVID-19, taking the overall number of fatalities to 2,969, state Health department said.

The recovery rate in the state stands at 45.06 per cent and the fatality rate at 3.57 per cent, an official statement said.