Dakshina Kannada district Congress a divided house?

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.

Shivamogga, Apr 13: Banana farmers in Shivamogga say their crop is rotting and they are incurring huge losses amid lockdown due to COVID-19.

The farmers alleged that although permission has been granted for the sale of agricultural products, with inter-district movements being affected, the local buyers are forcing the farmers to sell their produce at ridiculously low prices.

"Local buyers are asking us to sell bananas at Rs 4-5 per kg which is impossible for us. I do not know what we can do," Vijayendra, a farmer told ANI here.

"We expected the markets to be good during the summer season, I have cultivated bananas in four acres of land. There are thousands of other farmers who cultivate it in smaller hoardings," he added.

The farmer further implored the government to ensure there is an open market and inter-district movement of agricultural produce is allowed to ensure the farmers get the right price.

Vijayendra also said that the bananas have started rotting as they were not being harvested due to the lockdown.

Prime Minister Narendra Modi had last month announced a 21-day lockdown in the entire country effective from March 24 midnight to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.

There is also the likelihood that the nationwide lockdown might further be extended even after the completion of the 21-day period on April 14, based on the statements from several chief ministers following a video conference with the Prime Minister held a few days earlier.