Masjid should be at a distance from Ram Mandir to avoid dispute: Pejawar seer

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.

Dammam, Feb 3: Harish Bangera, 32, who was arrested in Kingdom of Saudi Arabia more than a month ago after offensive Facebook post went viral, has remained incommunicado.

Bangera, who hails from Goyadibettu in Bijadi village of Kundapur taluk, Udupi district, was an air-conditioning technician for a company in Dammam, capital of Saudi's eastern province.

He was arrested on December 20, 2019 after he posted derogatory messages on Facebook against crown prince Mohammad bin Salman and went on to claim that a Ram temple will be built in the holy city of Makkah too just like in Ayodhya where the Babri mosque was demolished.

Fearing legal action, he later posted a video pleading for forgiveness. “I have committed a mistake. Please forgive me. I will never upload any such posts again," he is seen saying in the video.

After his arrest, his roommate, who happens to be a Pakistani, has reportedly made several attempt to contact him, but in vain. He also has approached many Indian and Saudi authorities in his bid to get Bangera out of prison, sources said.

The Saudi authorities have not even responded to the messages of Indian Ministry of External Affairs. "We've made many efforts to contact the Saudi authorities but they haven't responded,” MEA sources said.

Mangaluru, Feb 5: The New Mangalore Port implemented the Centre's Standard Operating Procedure (SOP) by screening the crew of cargo ships and passengers of Cruise Vessel for the highly contagious and deadly disease Coronavirus.

Sources in the port said that screening was being carried out at the harbour since the past few days, as a precautionary measure. All the 1,800 passengers and 786 crew of Cruise Vessel 'Costa Victoria,' which stopped at the port, were screened.

Arrangements were also made for screening foreign nationals arriving at the Mangalore International Airport (MIA). 

Besides screening, passengers were also made aware of the Coronavirus and the precautionary steps to be taken.