Delhi High Court to hear plea against ban on Zakir Naik's NGO

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.

Bengaluru, Jan 6: The city police commissioner Bhaskar Rao has ordered a special inquiry by the additional commissioner in connection with sexual harassment on a girl hailing from Kasaragod and the allegation that there were attempts to convert her to another religion.

Udupi-Chikmagalur MP Shobha Karandlaje on Sunday met Rao along with the girl and gave a complaint that two youths from Kasargod had raped her and forced her to convert to their religion.

A complaint has been filed in the Kasargod police station, but no action has been taken against them. Since both the accused work in Electronics City police station jurisdiction, she urged the police to arrest them.

Rao said he was yet to gather information about the case and he had directed the additional commissioner to conduct a preliminary investigation and submit a report.

After filing a complaint, Shobha told reporters that she has been sexually harassed ever since she was a minor. 

The MP said that the girl, who was brought from Kasaragod to Electronics City, where the accused youths run a business, was allegedly raped. “I have asked the Police Commissioner to direct the Electronics City police to register an FIR and arrest the youths,” she said.

“I have spoken to the survivor and she said that the youths were also forcing her to convert to Islam and threatened her with dire consequences if she did not,” the MP alleged.

Shobha went on to claim that there was a gang that could be operating to forcibly convert Hindu women to Islam. She also met Chief Minister B S Yediyurappa along with the girl’s family members and gave a petition.

Bengaluru, May 1: Karnataka has reported 11 new cases of coronavirus, taking the State's count to 576, informed the Health Department on Friday.

Out of the total COVID-19 cases found in the State, 235 people have been discharged and 22 people have died.

"11 new COVID-19 cases have been confirmed in Karnataka from April 30, 5 pm till noon today, taking the total number of cases to 576, which includes 22 deaths and 235 discharges," said the State government COVID-19 bulletin.