Pejawar seer, Jamdar set for a heated debate on Lingayat row

Mangaluru, Mar 23: The magisterial enquiry into the police firing during the anti-CAA protest on December 19 in Mangaluru, has been postponed following the lockdown of Dakshina Kannada district, Udupi DC G Jagadeesh announced on Monday.

The inquiry by Udupi DC G Jagadeesh was scheduled on Monday. Already, City Police Commissioner Dr P S Harsha and others have deposed before the magistrate. The Deputy Commissioner and the Assistant Commissioner were supposed to appear before the magistrate.

Following the December 19 violence and the death of  Nausheen and Jaleel due to alleged police firing, the state government had commissioned two probes-- one magisterial and the other, a CID inquiry.

 As per the government order, a report on the inquiry was to be submitted before March 23. On the request by the magistrate for more time since the documents and videos had to be examined, the government had asked him to submit the report by April 23.  
 

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.

Hubballi, Jan 30: Seeking to disabuse people of the notion that the Citizenship (Amendment) Act (CAA), recently passed by the BJP-led central government threatened the legitimacy of Muslims in the country, yoga guru Baba Ramdev on Wednesday said that he would among the first to take to the streets should the community face any such trouble. “If the National Register of Citizens (NRC) threatens injustice to Indian Muslims, it I not just I, but a billion Indians will protest against its implementation,” he added.

Recalling his longstanding association with Prime Minister Narendra Modi, Ramdev said, “I have known Modi for more than 15 years, and I can assure you that he cannot be called anti-Muslim. There is nothing in the CAA that threatens the rights of Muslims, some of whom are being misled by a few.”

The yoga guru said that, while 99% of the Muslims in India were patriotic, the remaining ones were seeking to divide the country, which he said was resulting in Islam falling into disgrace. “I appeal to all Muslims to keep away from such anti-national forces seeking to bring a bad name to Islam,” said Ramdev, calling on the people to stay united in the face of the severe economic crisis that the country was presently in the grips of.

He added that he was as committed to his goal of getting black money back to India. However, when quizzed by journalists as to how long he was willing to wait for PM Modi to realise this objective, Ramdev said, “Chodi, mere aur Modi ke beech jagada mat lao (Please do not incite a fight between Modi and me).”

The yoga guru also endorsed the decision of the Centre to recognise singer Adnan Sami with a Padma award.