This is not a Muslim ban; over 40 Muslim countries not affected by order: Trump

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, Jul 21: A man was arrested on Tuesday for riding his high-end bike up to a speed of almost 300 km per hour on a flyover here during ongoing lockdown, police said. After a selfie video of the man's reckless ride went viral on social media, police arrested him for putting his life and that of others at risk and seized his 1000 CC bike.

Identified by police as Muniyappa, he rode his bike on the nearly 10-km long Electronic City flyover, accelerating almost to 300 KMPH as he whizzed past some vehicles, including cars autorickshaws and trucks that were moving in both directions.

"This video made viral by the rider...going at a dangerous speed of almost 300 kmph at Ecity flyover putting his own & others life at risk..CCB traced the rider & seized bike Yamaha 1000 CC.. handed over to traffic (police)," Bengaluru Joint Commissioner of Police Sandeep Patil tweeted, tagging the video.

A case of reckless driving has been registered against him, police said. They said the incident occurred during the week-long lockdown in force in the city and outskirts till Wednesday morning to contain the spread of coronavirus, leaving most roads deserted as people remained indoors. However, it was not known when exactly he undertook the ride. A fortnight ago, three youths who were doing wheelies on the city roads met with a ghastly mishap and lost their lives.

Click here for video

Thiruvananthapuram, Jan 1: Kerala chief minister Pinarayi Vijayan on Wednesday said that the resolution passed by the Kerala Assembly is against the "unconstitutional Act passed by the Centre".

"The resolution passed by Kerala Assembly is against the unconstitutional Act passed by the Centre. It has been noticed by the whole country," Vijayan said.

The Kerala Assembly had on Tuesday passed a resolution seeking withdrawal of the Citizenship (Amendment) Act, 2019.

Before the resolution was passed against the Act, Vijayan in a special Assembly session targeted RSS and said that citizenship law is part of an agenda.

"The CAA is part of an agenda. Muslims are being considered as internal enemies by RSS, who is controlling the ruling dispensation at the Centre," he alleged.

The new law grants citizenship to Hindus, Sikhs, Jains, Parsis, Buddhists and Christians fleeing religious persecution in Pakistan, Afghanistan and Bangladesh who came to India on or before December 31, 2014.

Meanwhile, on Wednesday while talking about women safety, the Chief Minister said, "Those women, who are traveling face many problems, particularly regarding accommodation. To address this, government will start accommodation facilities in all towns. This project will be implemented with the help of local bodies."

Reacting to the development in the Kerala Assembly, BJP leader Mukhtar Abbas Naqvi said that Assembly has insulted the Constitution and parliament by passing a resolution seeking withdrawal of the Citizenship Amendment Act (CAA).

"The Constitution has delineated clearly the roles of parliament and state legislatures. When people who have taken an oath of the constitution, destroy it, it is a most irresponsible act. Both the houses of parliament have passed CAA and if a state assembly tries to hijack the Act it is an insult not only of the constitution but the parliament as well," Naqvi told news agency.