Kargil martyr's daughter gets 'rape threats' for opposing ABVP

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 23: Members of the Social Democratic Party of India (SDPI) on Thursday held a protest against the Karnataka government, accusing it of shielding Aditya Rao, the main accused of planting an improvised explosive device (IED) at the Mangaluru airport on January 20.

Meanwhile, the Judicial Magistrate First Class (JMFC) Court has sent the accused Aditya Rao to 10 days police custody.

Earlier on Wednesday, the Bengaluru Police said that the procedure is being followed to hand-over to the Mangaluru Police a suspect who surrendered before it two days after planting an improvised explosive device (IED) at the Mangaluru International Airport.

The IED was later defused in an open field by the personnel of the bomb disposal squad.

Thiruvananthapuram, Apr 27: Kerala Chief Minister Pinarayi Vijayan on Sunday said the issue of return of Non-Resident Keralites (NRKs) to the state has been taken up with the Centre and the state government is awaiting a favourable response.

Vijayan said this in a meeting with Non-Resident Keralites over steps taken by the state government for those wishing to return to the state from foreign countries.

The Chief Minister announced that the Department of Non-Resident Keralites Affairs has opened online registration for such NRKs.

"Those returning should undergo screening at airports. All those returning should undergo mandatory home quarantine for 14 days.

Arrangements of isolation wards will be provided for those unable to go home," said Vijayan.