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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, Feb 2: A local court on Saturday remanded Aditya Rao,the suspect in the Mangaluru International Airport (MIA) bomb case, to two weeks judicial custody.

Rao was produced before the Sixth Judicial First Class Magistrate Court after the 10-day police custody expired.

Rao has been in police custody since January 22 after he surrendered before the police in Bengaluru on January 21 and was later brought here.

He had allegedly planted an Improvised Explosive Device (IED) at the airport on January 20 triggering panic and later made a hoax call to the airport terminal that a bomb had been planted in an IndiGo flight.

During the last ten days, police took the accused to several places in the city and Udupi where he had frequented in the recent past.

He was also taken to the room where he stayed while he was working at a hotel in the city.

Puttur, Jan 8: NCC Officer and two NCC Cadets of St Philomena College Puttur have been selected to participate in prestigious Republic Day Parade on January 26, 2020 in New Delhi.

NCC Officer, Lt. Johnson David Sequeira, Assistant Professor of Bachelor of Social Work has been selected as Contingent Officer of Karnataka and Goa Directorate to train the cadets in New Delhi.

Senior Under Officer Chethan P of first year BCA has been selected to Flag Area and Prime Minister’s Rally.

Junior Under Officer Mahalasa Pai of first year BCom has been selected to participate in cultural event which will be presented on the occasion of VIP’s visit.

These two meritorious cadets of the NCC wing of the College underwent a four months’ rigorous training at various places of Karnataka.

The Correspondent of the College Rev. Fr Alfred J Pinto, Principal Prof. Leo Noronha and Campus Director Rev. Dr Antony Prakash Monteiro expressed their happiness and compliments for the tremendous achievement of the NCC Officer and the cadets.