Mangaluru engineering college students held for raping 19-yr-old married woman

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, May 10: A special train carrying 1,140 migrant workers stranded here in the lockdown has left Mangaluru railway station for Jharkhand.

Dakshina Kannada MP Nalin Kumar Kateel and Vedavyas Kamath, MLA, were present at the railway station on Saturday night when the train left.

Kamath said the workers who had registered on the state governments Seva Sindhu portal were brought to the railway station in Karnataka State Road Transport Corporation buses.

A health check-up was carried out before they boarded the train.

The district administration also provided food packets and water to the migrants at the station.

Three more trains will leave from Mangaluru for Uttar Pradesh, Bihar, and Jharkhand soon, he said.

Meanwhile, in a statement, Dakshina Kannada Deputy Commissioner Sindhu P Rupesh said train services are being arranged for migrant workers who have registered their names on the Seva Sindhu portal.

The workers will be informed when trains are arranged to their destinations and they need not throng the railway station unnecessarily, she said.

Around 20,000 workers have so far registered themselves online, including 5,000 from Jharkhand, 3,000 from Uttar Pradesh and 4,000 from Bihar.

Hundreds of migrant workers had on Friday staged a protest at the central railway station here, demanding that they be sent back home.

The workers went back to their camps only after district authorities and police gave them assurance that trains will be arranged in three days.