LS polls: After 5 defeats Janardhana Poojary, 82, threatens to rebel against Cong. Here’s why...

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.

Thiruvananthapuram, Apr 24: Kerala Chief Minister Pinarayi Vijayan on Thursday said that there is no community spread or the expected phase three spread of coronavirus in the state so far but the threat continues.

Speaking to media persons here on Thursday, Vijayan said that Kasargod, Kannur, Kozhikode, and Malappuram districts will be in the red zone with full restrictions.

"All the other ten districts in the State will be in the orange zone. With the detection of new cases today, the status of Kottayam and Idukki districts have been changed from green to orange. The district administration will decide on the hotspot areas to be closed," he said.

He said there would be an increase in the number of random tests in the red zones.

"In an effort to confirm that there is no community spread in the State, random antibody tests would be conducted among health workers, police personnel, home delivery persons, volunteers and migrant labourers," he added.

The Chief Minister said that COVID-19 labs set up at the Pariyaram Government Medical College at Kannur and the Kottayam Medical College have got the approval from the ICMR for coronavirus testing. The lab at Kannur Medical College will start functioning from Friday.

The UV sterilised lab, spread over 2,200 sq ft is equipped with four real-time PCR machines. In the first phase, this lab will be able to do 15 tests per day, which will be gradually increased to conduct 60 tests in the next phase.

"With the opening of these two new labs, tests to detect COVID-19 will be conducted in 14 government labs in Kerala. Apart from this, there are two private labs also in Kerala which are doing these tests. Since the number of coronavirus cases is again increasing in the State, the government has decided to procure ten real-time PCR machines to ramp up testing," he added.

Mangaluru, Jan 20: The improvised explosive device (IED) recovered from a bag at Mangaluru airport was defused in an open field by the personnel of the bomb disposal squad on Monday. 

A short while ago, the Commissioner of Police in Mangaluru, PS Harsha, narrated the incident, along with the action taken by the security personnel.

"Today at approx 9 am a suspect dropped the baggage, containing plausible explosive substances, at the Mangaluru airport. It was spotted by the security personnel and then the bomb detection and disposal team was pressed into action," Harsha told reporters here.

"The area was cordoned off and then the suspected object was taken in a threat containment vehicle to a spot for defusing the explosive device. The local police have registered an FIR in this connection based on the complaints of CISF," he added.

The Commissioner said that three teams have been formed for "identification and apprehension of the accused."
He further said that the visuals of the suspect have been shared for his identification, and urged citizens of Mangaluru and around the nation to come forward and inform the police if they have any knowledge of the accused.

"Our teams have made some breakthrough and established few preliminary facts and I am assured we will be able to trace out the execution plan of the act of sabotage," he added.

Also Read: Security beefed up at airports across country after suspicious bag found at Mangaluru airport