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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.

Mangalore, May 30: The first chartered flight to the city of Mangalore, Karnataka in South India is scheduled to depart from the Ras Al Khaimah airport of UAE on June 1.

The SpiceJet flight, chartered by Praveen Shetty, chairman of the Fortune Group of Hotels and president of the Karnataka non-Resident Indian Forum (KNRI), will repatriate 105 staff members of the hotel group, who have been placed on leave, according to a statement issued here on Saturday.

Consul General of India to Dubai Vipul confirmed the reports and said the flight, which will depart at 0945 hrs, will carry home a total of 180 passengers.

New Delhi, Jul 9: The Central Board of Secondary Education has strongly defended its decision to drop topics like democratic rights, citizenship, federalism, secularism etc in the name of reducing the syllabus for Classes 9 to 12 due to COVID-19 pandemic. 

The board has claimed that the dropped lessons "are either being covered by the rationalised syllabus or in the Alternative Academic Calendar of NCERT".

The CBSE said it had to come up with the clarification after realizing its decision was "interpreted differently".

"The rationalisation of syllabus up to 30 per cent has been undertaken by the Board for nearly 190 subjects of class 9 to 12 for the academic session 2020-21 as a one-time measure only. The objective is to reduce the exam stress of students due to the prevailing health emergency situation and prevent learning gaps," it said.

While it has said that no questions can be asked from the reduced syllabus in the next board exams, the CBSE has also directed schools to follow alternative calendars prepared by the NCERT.

"Therefore each of the topics that have been wrongly mentioned in media as deleted have been covered under Alternative Academic Calendar of NCERT which is already in force for all the affiliated schools of the Board," it clarified.

On Wednesday, West Bengal CM Mamata Banerjee tweeted: "Shocked to know that the central Government has dropped topics like citizenship, federalism, secularism and partisan in the name of reducing CBSE course during the COVID crisis."

"We strongly object to this and appeal the HRD Ministry to ensure these vital lessons aren't curtailed at any cost," Banerjee added.