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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.

New Delhi, Jan 9: Crime in India has increased by 1.3 per cent in 2018 compared to 2017 with the registration of over 50 lakh cognisable crimes, reveals 2018 edition of 'Crime in India' statistics released this week by the National Crime Records Bureau (NCRB).

As per the NCRB, which works under the Ministry of Home Affairs, a total of 50.74 lakh crimes, including 31.32 lakh under the Indian Penal Code (IPC) and 19.41 under the Special Local Laws (SLL) was registered in 2018.

The report says that there was an overall rise of 1.3 per cent in the registration of cases in 2017, but crime rate per lakh population was down to 383.5 in 2018 from 388.6 in 2017.

A total of 1.05 lakh cases of kidnapping and abduction across the country was registered in 2018, showing an increase of 10.3 per cent over 95,893 such cases in 2017, the latest NCRB report said.

A total of 29,017 murders were reported in 2018, up by 1.3 per cent over 2017. Of which, disputes were reported as the motive of the highest number of murder cases (9,623) followed by personal vendetta and enmity (3,875) and gain (2,995).

Accidental deaths have also seen a rise to 4,11,824 in 2018 from 3,96,584 in 2017 -- a rise to 31.1 per cent from 30.3 per cent in 2017.

The NCRB report 'Crime in India-2018' said in its disclaimer section that clarifications on data were pending from West Bengal, Arunachal, Meghalaya, Sikkim and Kolkata. Hence, the data from these states and city may be treated as provisional.

No let up in road accident deaths in 2018: NCRB

There were 1,35,051 incidences of deaths due to negligence relating to road accidents in 2018, according to the latest NCRB report on "Crime in India -2018".

When compared to the previous two years, the statistics show that there has been no significant change in the overall situation.

In 2017 there were 1,34,803 incidences reported from across the country, while in 2016 it was 1,35,656.

Incidents of 'Hit and run' accident cases have climbed up marginally over the last year, if the latest figures are any indication. In 2018, the 'hit and run' cases reported were 47,028. In 2017, the cases registered under this category were 43,727.

The data collection process for NCRB report on "Crime in India - 2018" including clarifications from the states/UTs/central agencies started in July, 2019 and continued till December, 2019.

People involved in farming sector, including 5,763 farmers or cultivators, committed suicide during 2018, the report reveals.

The annual data was released around three months after the government released the National Crime Records Bureau (NCRB) report on "Crime in India 2017".

As per the latest data, of the 10,349 persons who committed suicide in 2018, 4,586 were agricultural labourers.

The number of suicides in farming sector in 2018 accounts for 7.7 per cent of the total suicide victims (1,34,516) in the country, the NCRB data said.

Suicides in India in 2018 rose to 1,34,516 from 1,29,887 in 2017. Rate of suicides is also up from 9.9 in 2017 to 10.2 in 2018.

In 2017, a total of 10,655 farmer suicides were reported.

West Bengal, Bihar, Odisha, Uttarakhand, Meghalaya, Goa, Chandigarh, Daman and Diu, Delhi, Lakshadweep and Puducherry reported zero suicides of farmers or cultivators and agricultural labourers during 2018, said the report.

Hassan, Jul 16: In fresh incident of cast killing, a Dalit youth in Alur taluk of Hassan district was shot dead yesterday by the relatives of the girl with whom he was in love. 

The deceased identified as Madhu, a 30-year-old resident of Soppinahalli village. He had taken a 25-year-old girl with him and was planning to marry her after taking her family into confidence.  

The relatives of the girl, who belong to upper caste, claimed that Madhu had kidnapped the daughter of one Ramesh of the same village. The girl's uncle Rupesh had waylaid Madhu when he was on the way to the field and shot at him. 

The body of the deceased as been shifted to a mortuary. The accused Rupesh has gone absconding. Sources said that the family of Ramesh has strongly opposed the inter-caste marriage.