Book criminal cases against waste dumpers in public places: DC

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, Jul 7: A hotelier committed suicide by jumping into a well at Hiriadka in Udupi district last evening. 

The deceased is Raghavendra Bhat (48), a resident of Kadiyali and owner of Hotel Shivasagar in Kadiyali.

He had been to his brother's house in Hiriyadka where he resorted to the extreme step. 

He was known for organising tiger dance competitions during Sri Krishnashtami every year.

He had contested the Udupi CMC election from Congress party, but had lost by a few votes. Later he had joined the BJP.

A case has been registered ar Hiriadka police station and investigations are on.

Mangaluru, JuJ 2: Dr Shivaram Karanth Biological Park at Pilikula, which was recently reopened after covid-19 lockdown, will again be shut from July 4 to 31. 

“The authorities have decided to close the park for visitors from July 4 to July 31 due to the rapid increase of the spread of coronavirus in Dakshina Kannada,” said, Jayaprakash Bhandary, director of the Park.

Mr Bhandary said that after the reopening of the Park, the number of visitors has drastically decreased due to corona scare. 

“There are around 100 staff and over 30 caretakers at the zoo. After closing the zoo, only essential staff will come to the zoo take care of the animals. We are planning to reopen it for visitors on August 1,” he said.