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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.

Bengaluru, Jul 26: The government of Karnataka has urged the Muslims to celebrate Eid al-Adha in a simple manner and follow all guidelines amid mounting cases of covid-19.

The festival, also known as Bakrid, will be celebrated on July 31 in coastal districts of Karnataka and on August 1 in other parts of Karnataka. 

In an order, A B Ibrahim, secretary of the department of minority welfare, Hajj and Waqf has prohibited offering Eid prayers in open grounds (Eidgahs) in the wake of pandemic.

Eid prayers can be offered in mosques by following all the necessary precautionary measures including maintaining physical distance. The congregation should not exceed 50 worshippers. If they number exceeds, they should be divided into three groups. 

However, except for mosques, no other places should be used for offering congregational prayer. 

Besides, all those who attend Eid prayers at mosque should compulsorily wear face masks. Entry is banned for people who are above the age of 60 years and below the age of 10. At least six feet distance needs to be maintained while offering prayer.

Thermal scanning needs to be done before entering the mosque. Hands need to be washed in soap or sanitizer. No one should touch the holy books in the mosque. Hand shaking and embracing to greet will also not be allowed. If any strangers are seen, their movement should be monitored.

Mangaluru, May 4: Bunder Shramika Sangha (BSS) general secretary B K Imthiyaz on Monday urged the district administration to restart Bengre ferry and passenger boat services as it has affected the wholesale market in Old Port.

A majority of the labourers engaged in loading and unloading at the wholesale market in Old Bunder hail from Bengre area. Without the ferry service, the labourers cannot come to work, said Imthiyaz.

He said no positive cases had been reported from Bengre area. Thus, the district administration should give permission for operating ferry services between 7 am and 12 noon.