Inconvenience faced by passengers from Dubai at Mangaluru Airport will not be repeated: DyCM Ashwath Narayan

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 19: As a precautionary measure to prevent the spread of coronavirus, the Karnataka State Board of Auqaf has issued an advisory to mosques, dargahs and other religious institutions, requesting them to conclude the Friday congregation in 15 minutes for the next three weeks.

"Respected head of masjids and imams (prayer leader) are requested to conclude the entire Juma congregation (including Juma khutbah, salah and dua) in 15 minutes for the next three weeks and avoid using the public mic for the khutbah and salah," read a statement from the Karnataka State Board of Auqaf.

It has advised to ensure cleanliness and good hygiene inside mosques and keep the carpets, prayer mats, floor mats etc clean.

Further, it stated that those coming for daily prayers should be instructed to perform wudhu (ablution) at their homes and avoid using prayer caps placed in masjids.

"Please remove the public towels and prayer caps from the masjids. Sunnah and nafil prayers should observed at home," the advisory read.

The advisory came as the number of coronavirus patients spiralled across the country. The governments are taking all precautionary measures to contain the spread of the virus that has claimed more than 7,500 lives across the globe since its outbreak in China in December last year.