PFI, SDPI, Cong, DYFI demand arrest of Shenava for justifying killing of the innocents

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, Apr 8: In another incident of health staff involved in coronavirus containment facing trouble, two ASHA workers were allegedly manhandled at Kudachi in Belagavi district in Karnataka on Tuesday while undertaking a survey following detection of four COVID-19 cases with Tablighi links in the area, police said.

The district authorities have intensified door-to-door survey in Kudachi after four people who had attended the Tablighi Jamat religious conference in New Delhi last month tested positive for coronavirus in nearby Raibagh.

“Today when two ASHA workers went to Kudachi, some miscreants snatched away their phones. We are investigating whether they were beaten up also,” a police officer investigating the matter told PTI.

A few days ago, four ASHA workers here were manhandled when they went for a door-to-door survey and police have arrested five people from a minority community. They have been remanded to judicial custody by a court.

Former prime minister H D Deve Gowda had on Monday condemned incidents of attacks on doctors and health department workers and sought protection for them.

Mangaluru, June 1: The private bus services resumed services in Dakshina Kannada and Udupi districts today with 15 per cent hike in the fares. For 70 days these buses were stayed off the roads as lockdown was imposed in the region on March 22 in the wake of covid-19 outbreak.

Buses were sanitised in the morning. The bus operators have decided to operate only a few of the buses initially.

Of the about 2,000 service buses (inter-district buses and long-route buses within the district) of private operators in Dakshina Kannada and Udupi, only 25% resumed services. Only 135 out of 320 city buses in Mangaluru resumed services.

The number of passengers on board the buses were also very less in the morning. A few buses had arranged sanitisers for passengers, drivers and conductors.