Lingayat religion issue a closed chapter, says Sharan Patil

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, July 13: With the confirmation of four more deaths related to novel coronavirus, the covid-19 death toll in Dakshina Kannada has mounted to 50.

In fact, the four fatalities had occurred on Saturday. Today the authorities concerned that they were tested positive for Covid-19.

The deceased include two septuagenarians, a sexagenarian, and a 53-year-old. All of them were male.

Dakshina Kannada deputy commissioner Sindhu B Rupesh revealed that their comorbidities were diabetes in ICU, pneumonia in ICU, hepatitis in ICU, severe acute  respiratory infection and carcinoma of the lung respectively.

Bengaluru, May 26: The state government today hinted that places of religious worship belonging to Hindus will be allowed to reopen from June 1, keeping social distancing and other norms in place.

In principle, the government has decided to open temples coming under the Muzrai department after Lockdown 4.0 ends on May 31. The decision was taken at a meeting chaired by Chief Minister BS Yediyurappa.

“Movement of people on air and rail has started. We have been receiving repeated pleas from devotees that temples should be opened. When this was discussed with the CM during a review of the Muzrai department, it was decided that temples can start from June 1,” Muzrai Minister Kota Srinivas Poojary told reporters. 

Poojary said all day-to-day activities will be allowed in temples. “But religious fairs and ceremonies will not be permitted,” he said. 

Mosques and churches

Asked whether his government will allow opening of mosques and churches too from June 1, he replied that they don't come under his Muzrai dept.

Howvever, government sources said this may apply to mosques, churches and other places of religious worship as well. However, this decision will be subject to whether or not the Centre will allow places of religious worship to be open for the public after Lockdown 4.0, an official said. 

All places of religious worship have been closed for the public ever since Karnataka enforced a state-wide lockdown on March 24 to contain COVID-19.