Kalladka: Cops accused of barging into Muslim homes, manhandling women

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, May 22: Amid the fourth phase of nationwide COVID-19 lockdown, inter-state travel from Karnataka is now permitted with the consent of the receiving state, informed Praveen Sood, Karnataka Director General of Police (DGP) and Inspector General (IG).

"Inter-state pass is not required to go out of Karnataka as long as you have the consent of the receiving state," he said.

The order follows MHA's recent announcement of relaxed guidelines amid the nationwide lockdown.

"Due to lockdown, migrant workers, pilgrims, tourists, students and other persons are stranded at different places. They would be allowed to move as under," read the new guidelines while asking states to designate nodal authorities to facilitate the interstate movement.

The Centre has extended the lockdown till May 31 across the country.

Bengaluru, Jan 3: The Karnataka high court on Thursday issued notices to the Railway Board and the South Western Railways on a petition seeking review of superfast surcharge being levied on passengers in Malgudi Express train.

Petitioner and Mysurubased advocate Mohammed Dastagir, in a public interest litigation claimed that as per the circular issued by the Railway Board on December 10, 2006, Malgudi Express — which runs from Mysuru to Yelehanka — is not designated as a superfast train and despite the same, the authorities are illegally collecting additional charges known as supplementary charges ranging from Rs 15 to Rs 75 from passengers.

A division bench headed by Chief Justice Abhay Shreeniwas Oka posted the petition to second week of February.