Cong playing caste politics in Karnataka; BJP’s only agenda is development: PM Modi

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.

Kochi, Jan 22: Rail passengers from Kerala are a happy lot as the state’s traditional food items such as appam and eggcurry, puttu and kadala curry have found their way back to the revised menu of the Railways in the wake of protests over reports that they were replaced by north indian delicacies.

The popular Kerala dishes were reinstated to the list following social media backlash over the Indian Railway Catering and Tourism Corporation’s reported decision to replace the favorite cuisine of Malayalis from its menu with north Indian dishes such as Kachori and Chole Bhature.

Ernakulam MP Hibi Eden, who had shot off a letter to Railway Minister Piyush Goyal raising the issue of alleged discrimination against Keralites, got an assurance from the IRCTC officials that popular items, including snacks such as unniyappam and sukhiyan will be served through its outlets in the state.

Eden said the IRCTC officials who visited him at his home on Wednesday morning have presented him with the list of delicacies to be served by its local vendors in Kerala. In his letter to the minister, the MP had stated that dishes which are very important to Malayalis for breakfast such as appam, egg curry, porotta, dosa, steam cake (puttu) were excluded along with snacks such as banana fry (pazham pori), kozhukkatta, unniyappam, neyyappam and sukhiyan.  He had also raised the issue of hike in price of food items.

According to him, price of meals has been increased from RS 35 to 70 and that ofsnacks such as vada from Rs 8 to 15.  While the price of vada has not been reduced, the fare of snack meal like parotta, chappathi, idiyappam, appam and puttu with kadala curry or egg curry will be served at Rs 50.  According to IRCTC, a passenger will have to shell out Rs 20 for unniyappam/sukhiyan/neyyappam, 2 numbers each.  Informing Goyal of the changes in menu, he said Malayalis are discriminated in trains and railway refreshment rooms by the food which is the right of every passenger.

He had sought urgent intervention of the Minister and speedy action in the matter.