Karnataka's new anti-superstition Bill proposes to ban 23 ugly practices

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, Jun 20: Nine candidates filed their nominations for the June 29 elections to seven seats of the Karnataka legislative council on Thursday.

While the BJP has fielded four candidates, the Congress has given tickets to two and the JD(S) to one candidate respectively for the biennial elections to seven seats of the legislative council to be elected by the MLAs.

One independent and one person claiming to be affiliated to BJP have also filed their nomination papers at the office of Legislative Assembly Secretary MK Vishalakshi, who is also the returning officer for the polls.

"The nominations of two candidates without any proposers is likely to be rejected during scrutiny of the papers on Friday. So seven candidates will be in the fray for as many berths. Hence the election is likely to be unopposed if no one withdraws nominations," official sources said.

While scrutiny will take place, Friday, June 22 is the last date for withdrawal of candidature.

The election is necessitated as the term of seven MLCs — Naseer Ahmed, Jayamma, M C Venugopal, N S Bose Raju, H M Revanna (all Congress), T A Sharavana (JD(S)) and independent D U Mallikarjuna — will end June 30.

Based on their strength in the Assembly, while BJP is in a position to win four out of seven seats, Congress can win two and JD(S) one.

Twenty-eight valid votes of MLAs are required for each candidate to win.

Four BJP candidates MTB Nagaraj, R Shankar, Sunil Vallyapure and Pratap Simha Nayak filed their nominations today, after the party high command announced their names late on Wednesday.

Nagaraj and Shankar had played a key role in the formation of the BJP government after the coup that led to the collapse of Congress-JD(S) coalition.They had subsequently defected to the saffron party.

While Nagaraj lost the bye-elections held later, Shankar did not contest in exchange for a Council berth promise.

Among the other BJP candidates, Vallyapure is a former MLA from Chincholi and had given up his seat abiding by the party decision to field Avinash Jadhav, while Nayak is a senior party worker and had served as Dakshina Kannada district president.

A BJP insider said Shankar and Vallyapure have been given MLC tickets as they had given up their Assembly seats, while Nagraj was considered as he had faced a defeat during the bypolls because party MP B N Bachhe Gowda's son Sharath contested as a rebel.

Nayak's candidature is being seen as BJP high command's choice by party insiders, ignoring the state units recommendation of AH Vishwanath, a former JD(S) MLA who had defected to BJP.

Two Congress candidates, senior party leader BK Hariprasad and incumbent Naseer Ahmed also filed their nominations today.

Hariprasad's name was announced by the party on Wednesday, even as his tenure in Rajya Sabha is to end on June 25.

Naseer Ahmed, who is retiring as MLC on June 30 is seeking another term.

The choice of candidates by the Congress high command is being seen as a mixed bag for CLP leader Siddaramaiah as Naseer Ahmed is said to be close to him, while Hariprasad is considered among his adversaries.

In a surprise move, JD(S) has fielded Govinda Raju from Kolar as the party candidate for the MLC polls.

Incumbent MLC T A Sharavana and outgoing Rajya Sabha member Kupendra Reddy were seen as the prime aspirants for the ticket.

JD(S) leader and former Chief Minister H D Kumaraswamy said Govinda Raju was chosen as it would help organise and strengthen the party in Kolar and Chikkaballapura region.

The independent candidate who has filed his papers today is P C Krishnegowda, and the one who filed his nomination claiming to be associated with BJP is Mandikkal Nagaraja.

Mangaluru/Udupi, May 20: Islamic scholars belonging to different schools of thoughts including two prominent Qadis have issued special guidelines asking all Muslims in the region to offer prayers and celebrate Eid al-Fitr at home this year in keeping with the extended covid-19 lockdown.

Eid al-Fitr which marks the end of the month-long dawn-to-sunset fasting of Ramadan is rather a ‘humanitarian event’ than a fiesta. This year Eid is likely to be observed in coastal Karnataka on May 23 or May 24 depending on sighting of the new moon.  

Amid the Covid-19 pandemic, the Muslims are preparing for — and reconciling itself to — a most unusual Eid bereft of all the usual trappings like huge prayer congregations, ceaseless shopping, social visits and the inviting warmth of an Eid Mubarak embrace.

In their separate messages, Udupi Qadi Bekal Ibrahim Musliyar and Mangaluru Qadi Twaqa Ahmed Musliyar have urged Muslims to refrain from all kinds of public gatherings during Eid. Noting that Muslims in the region have followed all the advisories in issued by the government to contain the spread of coronavirus in the blessed month of Ramadan, they have urged them to follow the guidelines during Eid too.

On social media groups, messages like “no new clothes, just wear your best clothes” are being circulated among family and friends, urging people to fill the festive void with the spirit of giving. The suggestions range from paying a needy child’s school fee or someone’s rent to helping a lockdown-hit trader revive his business.

Following guidelines are issued by the top clerics ahead Eid

1) There will be no Eid prayer in mosques or Eid-gahs. Hence, Muslims should offer Eid al-Fitr prayer in their homes with family members.

2) Distributing Zakat al-Fitr among needy is mandatory. However necessary safety measures should be taken while going out such as wearing masks and maintaining physical distance. As there is lockdown from 7 p.m. to 7 a.m. every day, Zakat al-Fitr can be distributed a day before Eid or on the day of Eid before evening. 

3) Women, children and elderly people should not step out of the houses.

4) Avoid visiting graveyards or other places.

5) All mosques are closed due to lockdown. Hence, observe Eid in a simple way and set an example for the society. 

6) Strictly follow all the guidelines issued by the state and central governments