Cong high command 'unhappy' with Karnataka CM's move on anti-graft panel

Thiruvananthapuram, Apr 14: Amid Covid-19 lockdown,

Keralites celebrated a low key "Vishu" ,the Malayalam new year, on Tuesday, hoping that days of plenty, prosperity and peace will return.

People woke up in the early hours to see the auspicious "Vishu kani", symbolising hope, promise and fine prospects they wish to have in the year ahead.

The ritual comprises arranging on platters auspicious articles like seasonal fruits, vegetables, flower, gold and clothes which together form the first sight when the family members wake up on the Vishu day.

Normally, Keralites dressed in their traditional attire throng temples across the state.

However, this year due to the lockdown restrictions, temple visits were given a go by.

The famed Sri Krishna temple at Guruvayur and the Lord Ayyappa shrine at Sabarimala witnesses heavy rush of devotees during the vishu day.

But pilgrims were not allowed inside and only temple officials and security personnel were present for the"Vishu kani".

Rehaman, a small time trader, said very few people have come out for vishu purchases due to the restricitons.

It is fine as it is for a good cause, while Radha, a young woman said she could not celebrate the festival.

"We have no money, no job. With whatever little we have, we are celebrating the festival", she said.

87-year-old Vilasini Nambiar, a retired college professor, said vishu has visited the state during a most bewildering time.

"It should however remind us that every mountain must have its valley, desert its oasis, every storm cloud its rainbow, every night its day.

We are prepared to believe that we will overcome this misfortune", she said.

President Ram Nath Kovind, Prime Minister, Narendra Modi, Home minister, Amit Shah, Kerala Governor, Arif Mohammed Khan and Chief Minister, Pinarayi Vijayan, were among those who greeted people on the occasion of Vishu.

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.