Karnataka much ahead of other states in ensuring welfare of people: Chief justice

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, May 3: Dakshina Kannada in-charge minister Kota Srinivas Poojary today announced that there will be partial lockdown relaxations in the district from tomorrow (May 4) from 7 a.m. to 7 p.m.

The district falls under orange zone as per the classification done by the union government to contain the spread of coronavirus.

Mr Poojary said that shops can remain open for 12 hours (7 a.m. to 7 p.m.). However, this relaxation will not apply for malls, restaurants, beauty parlors, saloons and dental clinics. 

Even though bars can remain open, they can only sell liquor. People will not be allowed to consume anything inside the bar. 

In auto-rickshaws only one passenger will be allowed to travel apart from driver and in car two passengers will be allowed apart from driver. 

The relaxations come with strict protocols, which the people need to follow, he said, adding that the relief had been provided to make life easier and not for people to come out unnecessarily.

Mangaluru, May 24: A youth committed suicide by jumping into River Netravati from the old bridge at Panemangaluru on the outskirts of the city. 

The deceased has been identified as Nishant, son of Chandrahasa Moolya, a resident of Kolakeeru, near Kalladka in Bantwal taluk. 

When Nishant jumped to river, a few Muslim youths - identified as Shameer Goodinabali, Mohammad, Tauseef, Mukhtar, Zahid and Arif - also jumped to river in an apparent bid to rescue him. 

Though they managed to take an unconscious Nishant out of the water, he breathed his last without responding to any treatment. Jurisdictional Bantwal town police visited the spot later.

Meanwhile, a few locals captured the video of Muslim youths' attempt to rescue a Hindu youth on Eid al-Fitr amidst covid-19 lockdown. The video went viral within hours. 

Social media platforms including WhatsApp and Facebook flooded with messages appreciating the courage of Muslim men, who endangered their lives to save a Hindu youth on Eid day.