Kochi-Mangaluru gas pipeline: Work on war-footing in Kerala

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, Jan 22: JD(S) president HD Kumaraswamy on Wednesday termed the surrender of the accused in the alleged planting of an explosive at Mangalore Airport as another act of a drama and said that the incident should serve as an Eye-opener for the Prime minister Narendra Modi over the prevailing unemployment problem in the country.

Addressing a press conference, the Janta Dal (Secular) leader said that the surrendered man, who had allegedly planted explosive at the airport, was an employed youth and PM needs to address the prevailing unemployment problem in the country.

The former chief minister said that the accused have higher education qualifications and belonged to the Hindu community, disapproving that only people belonging to the Muslim community resort to violence.

Bengaluru, Jun 20: A 56-year-old head constable, who had tested positive for the coronavirus infection a couple of days ago and was undergoing treatment, died on Saturday, police said.

The deceased, attached to the Kalasipalya police station, was being treated at Victoria Hospital here, they said.

This the second death of a policeman in the state due to COVID-19. The first one was an assistant sub-inspector attached to the V V Puram traffic police station.

Officials said the deceased constable was among nine others who had tested positive for COVID-19.

Meanwhile, an ASI with the Wilson Garden traffic police station here has also reportedly tested positive. According to sources, the ASI is undergoing treatment at a designated hospital and the station has been sanitised. His contacts are being quarantined.