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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.

Mangaluru, Jun 13: Around people from Bhatkal, who were stranded in United Arab Emirates due to months of covid lockdown, finally reached their hometown today. A charter flight carrying these passengers took from the Ras Al Khaimah International Airport at 11:20 PM (UAE time) yesterday and landed at Mangaluru International Airport at 4.20 am today.

After completing all the formalities, they were taken to Bhatkal in five buses arranged by Bhatkali Jamaatul Muslimeen, Mangaluru. Two hotels and a college hostel have been booked for the institutional quarantine of the returnees. 

The passengers were received at the airport by Majlis E Islah wa Tanzeem executive members, Bhatkali Jamaat Ul Muslimeen executive members, and Bhatkal Muslim Youth Federation executive members. 

Ateequr Rahman Muniri, vice president of Majlis-e-Islah wa Tanzeem and owner of UAE based Nuha General Trading LLC, had taken the initiative of sending stranded citizens of Bhatkal and surrounding regions to back home from UAE.

“After we came to know about the problems of the NRIs stranded in UAE plans were made to charter flights to send them home. I received huge support from the Bhatkal community leaders and youth here in Dubai, who gave their complete cooperation and helped with their efforts in successfully chartering the first flight," Muniri said.

Mangaluru, Jun 17: The first chartered flight repatriating Indians stranded at Kuwait for months landed at the international airport here.

The Jazeera Airways flight privately booked by the Keralites and coastal Kannadigas living in the Arab country had left sometime in the afternoon with 160 passengers on board.

The flight also carried the mortal remains of Sathish Kochu Shetty (45), who died in a fire tragedy at a refinery in Kuwait on June 14.