Prohibitory orders during anti-CAA protests illegal: Karnataka High Court

coastaldigest.com news network
February 14, 2020

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.

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News Network
February 16,2020

Bengaluru, Feb 16: The Central Crime Branch has recovered blank firearms from Saddaguntepalya Police Station limits.

As of now, two persons have been arrested in this regard. They have been identified as Mohd Junaid and Mohd Tabrez. The officials have recovered 28 blank firearms and 76 blank bullets.

"The two accused -- without having any license -- were in possession of these huge number of weapons," Sandeep Patil, Joint CP, Crime, told media.

As per the preliminary investigation, there has been no record of such cases in Bengaluru. "But we are verifying if other states have any (such) case," added the Joint CP

According to investigations, it was noted that the weapons were purchased from Mumbai at an estimated cost of Rs 1 lakh per weapon.

Further investigation is currently underway.

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coastaldigest.com news network
August 1,2020

Mangaluru/Udupi, Aug 1: Karnataka’s twin costal districts of Dakshina Kannada and Udupi have recorded 10 more deaths related to covid-19. 

With four more deaths, Dakshina Kannada’s covid-19 death toll mounted to 159. Udupi’s covid-19 death toll mounted to 35 with 6 new deaths. 

Meanwhile, DK recorded 139 new covid positive cases. Among them 91 are from Mangaluru, 19 from Bantwal, 14 from Beltangady, nine from Puttur, and six from other districts.

With this, the total number of the covid-10 cases in DK reached 5,852. Out of these only 3,008 cases are currently active. 

On the other hand, Udupi recorded 136 new covid-19 cases. The total number of covid-19 cases reported in the district mounted to 4,492. 

According to the official bulletin, a total of 32,401 samples have been collected so far. Among them 27,463 have turned out to be negative and 446 reports are awaited.

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coastaldigest.com news network
May 9,2020

Mangaluru, Ma 9: Three more persons from Bantwal taluk in Dakshina Kannada district tested positive for Covid-19 today. All three are members of a family.

The infection is reportedly linked to First Neuro Hospital of Mangaluru, which has emerged as a coronavirus hub in coastal Karnataka.

With this, the total number of coronavirus cases in the district mounted to 31 including six outsiders. Three of them have lost their lives. Currently there are 15 active cases in the district.

The newly identified coronavirus patients are a 30-year-old man and two elderly women aged 60 and 70 years.

They have contracted the infection from a 69-year-old man from Bantwal who was confirmed with COVID-19 infection on May 1. All the three members now infected belong to his family.

The man had got the infection from a woman identified as P-390. He happens to be a relative and neighbour of the deceased woman who belonged to Bantwal Kasaba village. Eight  members of his family were quarantined, of whom three tested positive today.

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