Mangaluru: Inter-religion lovers end lives after families oppose their affair

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.

Udupi, Apr 21:  Four walk-in sample collection units for COVID-19 test has been installed in the district, sources said on Monday.

The units have been installed at Udupi’s T M A Pai Hospital and district hospital and at Kundapura and Karkala taluk hospitals by Indian Medical Association, Udupi Branch along with Rotary Club and Red Cross Society.

Udupi district was declared COVID-19-free after all three COVID-19 positive patients were discharged after recovery and were now in home quarantine, the sources added.

Mangaluru, May 7: Thousands of migrant workers from Uttar Pradesh and Bihar, led by Congress leader Mithun Rai, staged a protest here on Wednesday demanding that they be allowed to return to their native places.

The workers started a protest demonstration opposite Mangaluru City Corporation office in the city. Police dispersed the crowd for violating social distancing norms.

The workers said they have nowhere to go and nothing to eat. Therefore, they are demanding to be sent back to their states. They however, had crowded together without following the social distance norm. 

In the wake of protest, prohibitory orders under section 144(3) were imposed in Dakshina Kannada district between 7pm and 7 am till May 17 to check the spread of Covid-19.