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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.

Mangaluru, May 19: Officials at the Karnataka State Natural Disaster Monitoring Centre (KSNDMC) said that Dakshina Kannada, Udupi and Uttara Kannada along with Kodagu, Chikkamagaluru have been alerted about possible heavy rains.

Dr GS Srinivasa Reddy, Director, KSNDMC, said, “Coastal districts have already been witnessing heavy downpour since Monday morning. This will continue for another two days depending on the cyclonic movement along the east coast.”

Until last evening, Haleyangadi and Surathkal in Dakshina Kannada district had received 83 mm and 82.5 mm of rainfall, respectively. Several other areas in Udupi also witnessed heavy rainfall of about 60 to 70 mm rainfall.

The India Meteorological Department (IMD) attributed the rain, which intensified on Monday, to a cyclonic circulation over parts of the Arabian Sea (Comorin area) off the coast of Kerala.

The weather department said the sudden convergence of wind over the peninsular region was due to Super Cyclone Amphan, which is set to barrel into the east coast. The IMD issued an Yellow Alert for coastal Karnataka and Malnad, warning of moderate to heavy rainfall in the next few days.

Kasaragod, May 30: Karnataka origin IPS officer D Shilpa has been appointed the new Superintendent of Police of Kasargod district.

The 35-year-old 2016-batch IPS officer is the first woman SP of Kasaragod. 

Her appointment follows the sudden transfer of P S Sabu who was hitherto holding the post. He has now been appointed as SP of Alappuzha.

Shilpa has earlier served as ASP of Kasargod. She was also ASP of Kannur during the 2019 Lok Sabha elections.

Shilpa was one of the three IPS officers assigned to Kasaragod with IG Vijay Sakhare during the first phase of covid lockdown.

A native of HSR Layout in Bengaluru, Shilpa holds a Bachelor's degree in Electronics Engineering and a Masters Degree in Business Administration.