Former Mayor Ashraf files nomination from Mangaluru to take on U T Khader

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, Mar 25: Bengaluru Police Commissioner Bhaskar Rao on Wednesday called a meeting of online, e-commerce food, medicine, groceries or animal products delivery aggregators at his office in wake of situation arising out of lockdown imposed in the entire country due to coronavirus epidemic.

The Police Commissioner has appealed one representative from each agency to join him in the meeting at 7 pm.

"I have called a meeting of online, e-commerce food, medicine, groceries, vegetables/fruits or animal products delivery aggregators today at 7 pm at my office at Infantry Road, Bengaluru," said Rao.

"One representative from each agency may please come. We promise all cooperation, please come," he said.
The Indian Council of Medical Research (ICMR) on Wednesday confirmed 539 positive cases of coronavirus in the country.

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

Mangaluru, Jan 2: The Muslim Central Committee of Dakshina Kannada and Udupi has dropped its plan to stage a massive protest against the contentious Citizenship (Amendment) Act and National Register of Citizens on January 4 at Mangaluru’s Nehru Maidan.

Addressing a press conference here today, committee chief K S Mohammed Masood made this announcement.

“All the 28 organisations that had decided to stage protest under the leadership of the Muslim Central Committee, have unanimously agreed to temporarily cancel the protest plan after the city police refused permission for the event,” he said.

Mr Masood requested the people, especially the youth, not to lose patience. “No one should head to Nehru Maidan on January 4 as Muslim leaders have unanimously decided to cancel the protest,” he urged.

S M Rasheed Haji, Y Abdulla Kunhi, Umar UH, Ibrahim Kodichal, B M Mumtaz Ali, Khasim H K, Mansoor Ahmed Azad and Asif Deals were present in the press meet.