Intolerance on the rise in Modi, Trump regimes, says Martin Luther King III

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, Jan 1: Led by two local MLAs belonging to Bharatiya Janata Party, dozens of people today forcibly stopped toll fee collection at Talapady toll gate on the outskirts of the city allowing vehicles plying between Karnataka and Kerala on the national highway 66 to travel without paying any fee for some time.

Mangaluru City South MLA D Vedavyasa Kamath and Mangaluru City North MLA Y Bharat Shetty, who led the workers, said that the Navayuga Udupi Tollway Pvt. Ltd. (NUTPL), the concessionaire of the about 90-km-long highway widening project between Talapady and Kundapura in Karnataka, had failed to complete the project since over a decade.

The service roads and two flyovers under the project remained uncompleted. Hence motorists were facing a hardship. Notwithstanding Nalin Kumar Kateel, Dakshina Kannada MP, arranging ₹56 crore loan to the NUTPL through Axis Bank to complete the prominent Pumpwell flyover in the city, the company had failed to complete it.

The MLAs said that they stopped the toll collection as a symbolic protest to bring pressure on the company to complete the project within this month.

The BJP workers who gathered near the toll gate around 7.30 a.m. forcibly removed the barricades and made the vehicles ply without paying the fee. The workers of the company managing the toll booth did not resist.

The BJP workers said that vehicles would ply without paying toll till about 6 p.m. If the company resumed the collection during the day on Wednesday, the party workers would again forcibly stop it on Thursday, they said.

Shivaprasad Rai, in-charge of toll collection of the company at Talapady, Hejmady and Sasthana on the same highway told The Hindu that the NUTPL collected about ₹7 lakh as toll fee daily at Talapady from over 12,000 vehicles. The loss on Wednesday could be about ₹4 lakh.

The project is being implemented under build, operate and transfer basis.

Bengaluru, July 10: The Karnataka government has decided to hold examinations only for the final semester students of undergraduate (UG) and postgraduate (PG) in various universities of state and promote other semester students to the next level without holding any examination.

The decision was taken to safeguarding the students' interest as well as academic career of lakhs of students during the time of Covid-19 pandemic. The significant move by the Higher Education department was announced by Deputy Chief Minister Dr CN Ashwath Narayan who is also the minister for Higher Education.

The DCM announced that the examination for final semester UG and PG students will be conducted as per the guidelines issued by the University Grants Commission (UGC) by the end of September 2020.

As per the latest decision, all students who are either at the beginning or middle semester of their UG and PG courses will be promoted to next semester without any examination. The state government further made it clear that the latest decision would only be applicable for this academic year--2019-20.

The students will be promoted to the next semesters based on academic performances during the previous assessment.

Giving details of the decision, Dr CN Ashwath Narayan told media persons that the decision was taken in the interest of the students. "Keeping in mind the safety of students during Covid-19 pandemic times, the government has taken the decision. We have also discussed with education experts, former Vice Chancellors before arriving at this decision," he said.

The DCM also revealed that Governor Vajubhai Vala who is the Chancellor of all the universities has also given his consent for the decision. Students can call up on the department helpline 080-22341394 for any academic queries.

How will students be promoted?

The students who are pursuing UG and PG courses at mid semester levels will be evaluated internally based on their academic performance along with the marks scored during the previous semester or year.

"Based on this comprehensive evaluation, we will promote the students to next semester. But for the first semester students, they will be promoted entirely based on internal evaluation on academic performance," the Deputy Chief Minister explained.

In case if the students wish to improve their marks further, they can take the exams separately later. This apart, students with backlog subjects have also been allowed to carry those subjects further into the next semester subject to only the present academic year.