Modi calls Kumaraswamy a clerk, CM dismisses it as a blatant lie

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, Jan 14: The Udupi district police on Tuesday arrested two suspected terrorists at the Indrali railway station in Udupi.

The two, who had reportedly arrived from Kerala at around 6 ap.m., were standing at the Indrali railway station platform.

Suspicious of their behaviour, the police took them to custody and subjected them to interrogation.

According to reports the duo had involved in the murder of Tamil Nadu police Special Sub-Inspector Wilson.

However, top cop of the district has refused to comment regarding the arrest of the youths.

Mangaluru, Jan 11: A large number of people from the Women India Movement on Saturday staged a protest against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) here and raised slogans denouncing the newly enacted law.

Protestors were seen carrying placards that read, 'Stop diving India, Boycott CAA, NRC, NPR', 'We are humans, not criminals', 'Save India from fascism'.

"Today's youths are tomorrow's future. The present leaders are scared by the youths and are trying to wipe us out. They are scared of the students because they are raising their voices," a protestor told media.

"It started with the triple talaq, then the removal of Article 370 and Babri Masjid verdict. We Muslims kept quiet but now it is a question to our Constitution. We are not here as Muslims but as an Indian Citizen protesting against the cruelty of the BJP government," she added.

The protestor said the Central government is trying to make India a Hindu Rashtra by wiping out all other communities.

"This fascist government is trying to poison the minds of Hindus against the Muslims. After Muslims, there will be the Christian community and then other communities. The main motive of the government is to only keep Brahmins in India," added the protestor.

The newly-enacted law grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist, and Christian refugees from Pakistan, Afghanistan, and Bangladesh, who came to India on or before December 31, 2014.