Not only Mohammed Nalapad; BJP MP’s son also involved: Advocate

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, Feb 28: Two labourers lost their lives as they were buried alive in a landslip at Karangalpady Junction near Bunts Hostel in the city today.

The landslip occurred when a compound wall collapsed burying at least five persons under the debris. It is feared that three people are still under the debris.

The deceased have been identified as Mohammad Masood (20) from West Bengal and Bhimappa (25) from Bagalkote.

Local police and fire fighters are carrying out rescue operation.

Bengaluru, Jun 8: Veteran Congress leader Mallikarjun Kharge on Monday filed his nomination as the party's candidate for the June 19 Rajya Sabha polls from Karnataka.

The former union minister filed his nomination in the presence of KPCC President D K Shivakumar, Leader of Opposition Siddaramaiah and other senior party leaders at the office of Legislative Assembly Secretary M K Vishalakshi, who is the returning officer for the polls.

Ahead of filing of nomination, the Congress Legislature Party meeting was held under the leadership of Siddaramaiah, after which Shivakumar issued "B-form" to Kharge.

The Congress high command on June 5 had announced Kharge as the party's candidate for the Rajya Sabha polls.

The election is scheduled on June 19 to fill four Rajya Sabha seats from Karnataka represented by Rajeev Gowda and BK Hariprasad of the Congress, Prabhakar Kore of the BJP and D Kupendra Reddy of the JD(S) that will fall vacant on June 25, with their retirement.

June 9 is the last date for filing nominations.

Congress with 68 MLAs in the assembly can win one of the four seats easily on its own, so Kharge's victory is said to be certain.

This will be the first stint in Rajya Sabha for Kharge, who has always got elected directly by the people in his political career spanning over four decades.

The leader, earlier popularly known as "solillada Saradara", (a leader without defeat), faced his first electoral loss in his political life against BJP's Umesh Jadhav in Gulbarga by a margin of 95,452 votes during the 2019 Lok Sabha polls.

A nine-time MLA and two-term Lok Sabha member, he had served as Congress floor leader in the previous Lok Sabha, and also as Union Railway and Labour Minister during the UPA government.

Kharge, who is 77-years-old, has also served as minister during several Congress governments in the state, and as KPCC President and Leader of Opposition in the Karnataka Assembly in the past.

His son, Priyank Kharge, is currently MLA representing Chittapur constituency and had served as minister during the previous Congress and coalition governments.

JD(S) patriarch and former Prime Minister HD Deve Gowda is the JD(S) candidate.

The regional party that has 34 seats in the assembly is not in a position to win a seat in Rajya Sabha on its own, and will need the support from the Congress with its surplus votes.

A minimum of 44 votes are required for candidates to win.

BJP with 117 members in the assembly (including Speaker), can ensure easy victory in two seats.

The BJP's central leadership on Monday sprang a surprise by fielding Eranna Kadadi and Ashok Gasti as its candidates for the Rajya Sabha election ignoring the recommendations of the state BJP unit.