Let Siddu resign and pave way fordalit' Parameshwar to save Cong: Poojary

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.

Hubballi/Vijayapura, Feb 26: A 40-year-old resident of Talikoti town in Vijayapura was arrested on Tuesday and charged with sedition for allegedly saying 'I Love Pak Army' on a social media page and sharing a video of a song, 'Pakistan Zindabad'.

Police said they registered an FIR against Meru alias Merusab Hasansab Byagwat on a complaint filed by a contractor, Ashok Rathod of Nebgiri Tanda.

Byagwat has been booked under IPC sections pertaining to sedition (124A), promoting enmity between communities and making assertions prejudicial to national integration (153 A & B), among others.

In his complaint, Rathod said Meru had posted the video on his social media account on February 22. Rathod said he took a screenshot of the video and made some inquiries before approaching police.

Police said Meru would be produced in court soon.

Police said they are keeping a watch on pro-Pakistan activities. On Monday, slogans praising Pakistan surfaced on the walls of a government primary school in Budarsinghi. In the third week of February, three Kashmiri students shot a video hailing Pakistan and circulated it on social media in Hubballi.

Shivamogga, Jun 8: Tyavarekoppa Tiger and Lion Safari in Shivamogga re-opened on Monday at 9 am.

Zoo authorities said that they are ensuring that all standard operating procedures are being followed, including ensuring social distancing and wearing of masks by visitors.

It is being ensured that pairs of birds are being kept inside enclosures.

Regular sweeping and spraying on the premises are also being taken care of, authorities said.

Floor markings have been made at the ticket counter to maintain social distancing.