I'm not footwear to be used and thrown: Ambareesh

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 30: Army personnel on Sunday distributed food packets and other essential items to the needy and sprayed Calcium Hypochlorite solution in Koramangala and Vanarpet areas amid the coronavirus lockdown.

The Central government had on Tuesday announced a 21-day lockdown in a bid to stop the spread of the deadly virus that has left several thousand dead globally.

A total of 979 confirmed cases of COVID-19 have been reported in India, informed the Ministry of Health and Family Welfare on Sunday.

Coimbatore, June 1: A communal conspiracy has been aborted by the police by arrested a miscreant who had placed meat in front of Venugopala Krishnaswamy Temple and Sri Ragavendra Temple in Coimbatore, Tamil Nadu.

The miscreant has been identified as S Hari Ramprakash, 48, of Kavundampalayam in Coimbatore. He is a civil engineering graduate. It is suspected that He is a Sangh Parivar activist and the intention behind his act was to put the blame on Muslims.

Even though officials claimed that Hari appeared to be mentally disturbed, there were no medical records that stated he was mentally disturbed.

Two separate cases were registered against Hari. He was booked under sections 153 A (promoting enmity between different groups) 295 A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs) and 298 (uttering words etc, with deliberate intent to wound religious feelings) of the Indian Penal Code.

City police commissioner Sumit Sharan said, “We collected CCTV footage and found a man, who had parked his motorcycle near the two temples and returned from the temples. Based on the registration number, we traced and arrested Hari.”

Commissioner added that the city has CCTV cameras in many places and it helped police officials crack the case faster. The police said he purchased one kg of pork meat from a shop at Kavundamapalaym last Friday morning and placed it in front of the temples on the same day.