Don't blame Siddaramaiah for union govt's fault: UT Khader tells Poojary

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, Mar 27: Amid fear of coronavirus spread, the District Collector on Friday ordered the closure of the city’s major fishing area Dhakke.

''The fish caught by us on Wednesday were dumped, without being sold'', fishermen said. Meanwhile, a few them obtained police permission and took the fish to the nearby fish mill.

All the boats which had gone for fishing are back to the dock and the port is deserted. Also, the fishermen who went fishing have been advised to return.

Mangaluru, Jun 7: The Sri Krishna temple at Udupi would not re-open on June 8 although permission has been given to all temples to allow devotees for darshan, Admaru mutt junior seer Paryaya Swami Ishapriya Teertha said on Saturday. He told reporters in Udupi that the mutt has decided not to allow devotees at present to join the fight against COVID-19 by the government, health department and the police.

The seer said the situation would be assessed in the next 20-30 days after which a decision to re-open the place of worship would be taken.

The health of the devotees and the staff at the mutt and temple would have to be protected.

However, pujas and rituals would continue to be held at the temple, he said.

Meanwhile, Dharmasthala dharmadhikari D Veerendra Heggade said in a press release that the Lord Manjunatheshwara temple in Dharmasthala in Dakshina Kannada district would open for devotees from June 8. He said 800-1,000 devotees would be allowed to have darshan at the temple every day, keeping with the regulations of the government.

Mass-feeding (annadhanam) in the Annapoorna hall would also be organised, maintaining social distance in view of the virus spread.