Mangaluru | Family’s presence of mind during covid victim’s last rites preserves communal harmony

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.

Mysuru, Mar 6: A BJP worker was stabbed to death by unidentified persons at his apartment in Mysore in the early hours of Friday, police said.

Anand in his early thirties, was reportedly attacked with a broken beer bottle shortly after he returned home following his late night birthday party, police added.

Following information from neighbours in the apartment, police rushed to the spot and recovered the body.

"The murder took place between 3 am and 4 am. We are investigating who was with him at the time and what was the motive behind the killing," Mysuru police Commissioner Dr Chandragupta told reporters.

Police said further investigations are on to ascertain the motive and people behind the killing.

Bengaluru, Jul 21: A man was arrested on Tuesday for riding his high-end bike up to a speed of almost 300 km per hour on a flyover here during ongoing lockdown, police said. After a selfie video of the man's reckless ride went viral on social media, police arrested him for putting his life and that of others at risk and seized his 1000 CC bike.

Identified by police as Muniyappa, he rode his bike on the nearly 10-km long Electronic City flyover, accelerating almost to 300 KMPH as he whizzed past some vehicles, including cars autorickshaws and trucks that were moving in both directions.

"This video made viral by the rider...going at a dangerous speed of almost 300 kmph at Ecity flyover putting his own & others life at risk..CCB traced the rider & seized bike Yamaha 1000 CC.. handed over to traffic (police)," Bengaluru Joint Commissioner of Police Sandeep Patil tweeted, tagging the video.

A case of reckless driving has been registered against him, police said. They said the incident occurred during the week-long lockdown in force in the city and outskirts till Wednesday morning to contain the spread of coronavirus, leaving most roads deserted as people remained indoors. However, it was not known when exactly he undertook the ride. A fortnight ago, three youths who were doing wheelies on the city roads met with a ghastly mishap and lost their lives.

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