Couches to jet: Mallya assets to go under hammer for Rs 700 cr

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.

Udupi, Jun 18: Two youths lost their lives in a ghastly road mishap involving a vegetable-laden mini truck near Santhekatte in Udupi today. 

The deceased have been identified as Dinesh (35) and Manjunath (21), both hailed from Balkur village in Kundapur taluk.

The accident took place at around 7 a.m. when the mini truck was carrying vegetables from Kundapur to Udupi. 

According to sources, Dinesh, who was driving the vehicle, lost control and rammed into a pole next to the national highway. 

Both Dinesh and his assistant Manjunath suffered head injuries in the accident. They were rushed to Ajjarkad district hospital where they were declared dead on arrival.

Bengaluru, Jul 1: Karnataka Primary and Secondary Education Minister S Suresh Kumar on Wednesday played down reports about confusion regarding valuation of Second Pre- University and the Secondary School Leaving Certificate exam papers.

"Creating confusion has become a habit. There was confusion before the exam, during the exam and now confusion about the valuation of the exam papers," Kumar told reporters in Ramanagara when asked about the confusion over the valuation of answer sheets.

He had gone there to inspect a few centres where the SSLC or the 10th standard exams are underway.

The minister reminded people not to speak about the abilities of the students with contempt.

"Our students have toiled hard and are enthusiastically appearing for the examination. They are eligible for the marks they will score. So we should not speak about our children with disrespect," Kumar said.

The Education Minister said he had spoken to many leaders including former chief ministers Siddaramaiah and H D Kumaraswamy on conducting the examinations.

"Kumaraswamy had insisted on postponing the examination. I personally spoke to him and apprised him about the steps taken by us. I told him that we will work with more sincerity to ensure the safety of the children," Kumar said.

The SSLC exam was scheduled to take place from March 27 but due to the coronavirus-induced lockdown, it was postponed.

While the CBSE and a few other states either decided to give marks based on the students' performance in the previous examinations such as quarterly and half-yearly exams or gave general promotion to the students, Karnataka went ahead to hold the exam.

According to Karnataka Secondary Education Examination Board officials, around 8.5 lakh students have enrolled this year for the SSLC examination.

The exams are being held at 2,879 exam centres across the state.

Prior to the SSLC examination, the last exam of the Second PUC was also conducted on June 18, which was also put on hold due to the lockdown.