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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.

Bengaluru, May 2: Karnataka Pradesh Congress Committee (KPCC) president DK Shivakumar has urged Chief Minister BS Yediyurappa to help the farmers in sending their produce to a market here amid the coronavirus lockdown.

The Congress leader made the appeal to the Chief Minister after listening to the farmers' issues while visiting KR Puram market on Friday.

Farmers told Shivakumar that the police are stopping their vehicles going towards the market despite the order passed by the Centre permitting the movement of vehicles carrying essential commodities during the lockdown.

"I have received calls from more than 100 farmers in the past few days. Every day, farmers from Kolar, Chikballapur, Malur and many other places come to KR Puram market to sell their agricultural goods, but their vehicles are stopped by the police. The cops do not allow them to sell fruits and vegetables. I request the Chief Minister to look into the matter and help the farmers," Shivakumar told reporters.

"I got to know that more than 50 vehicles were sent back. This government is of no use if they cannot secure the interests of the farmers. This government is not providing required support to the farmers," he added.

The Congress leader was accompanied by MLC Narayana Swamy and former president of Hoskote Authority Narayana Gowda during the visit to KR Puram market.

Bengaluru, May 3: Undergraduate and postgraduate students skipping online classes held by their universities run the risk of being debarred from writing their exams. 

State universities, which are monitoring the attendance of online classes, are asking their affiliate colleges to send the monthly online attendance details and this would reflect in their regular attendance. This would apply to those studying professional courses like medicine and engineering. 

State medical education minister Dr K Sudhakar has asked all medical colleges to regularly send attendance details to the Rajiv Gandhi University of Health Sciences (RGUHS).

RGUHS vice-chancellor Dr Sachidanand confirmed to DH that the varsity is indeed monitoring the attendance of students. “Online classes are equal to classroom teaching. (Such method of conducting classes) are necessary during the Covid-19 pandemic and the nationwide lockdown,” he said.

According to the Supreme Court directions, students should have 75% attendance to be eligible to appear for the final exams. There could be relaxations if they have health issues. If students are bunking online classes, it would reflect on their minimum attendance necessary to appear for the exams, the vice-chancellors of state-run varsities said.

Bangalore University vice-chancellor Prof K R Venugopal said most of the students are attending online classes and teachers are messaging the parents of those who are irregular. “(Of course) if they fall short of the minimum attendance, they won’t be allowed to appear for the exams,” he said.

Bengaluru North University vice-chancellor Prof T D Kemparaju said the administration has asked its teachers to record details of students attending online classes and update the university.

Mixed signals 

Meanwhile, the University Grants Commission (UGC) on Wednesday issued guidelines directing all universities to treat the lockdown period as “deemed as attended” for students and research scholars. Experts pointed out that the order would prompt students not to take the online classes seriously.

“Arrangements have been made at the state varsities to make students attend online classes compulsorily and students are also serious about it. Now, because of the UGC guidelines, they may bunk classes,” said the vice-chancellor of a state-run university.