NIA court sends 21 PFI activists to jail for holding arms training camp

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 29: A hospital set up in 1848 in the Port City has to remain closed till July 5 as majority of the Doctors and Staff at Lady Goschen Government Hospital are quarantined after coming in contact with a COVID-19 infected person.

Hospital Medical Superintendent said that both in-patient and out-patient wings of the hospital will remain closed till July 5 as there is a need to fumigate and sanitise all the departments of the hospital. Patients for treatment under 'Ayushman Bharat – Arogya Karnataka' scheme will be sent to private medical colleges with the referral card from the hospital. The hospital will start functioning normally from July 6.

The Lady Goschen Government Hospital, earlier known as the maternity Hospital, is the oldest hospital in the district and dates back to 1848.

Mangaluru, Jan 5: Against the backdrop of Mangalore violence of December 19, Additional Director General of Police of Karnataka Amar Kumar Pandey visited the city and held a meeting with senior police officers.

According to senior police officials here on Sunday, Dakshina Kannada and Udupi District Muslim Central Committee had planned to hold a protest against CAA at Nehru Maidan while the SKSSF had called for anti-CAA protest at State Bank area.

Though both the protests had been called off, there was an apprehension of a repeat incident of December 19 violence and hence the ADGP visited the city at the behest of state government and monitored the situation here for the entire day on Saturday.

The ADGP was unhappy that despite initial inputs and the imposition of Section 144 in the city, the situation on that day escalated to a level where police had to resort to firing only in this city.