Shiv Sena newspaper office attacked after cartoon 'mocks' Maratha protests

Bengaluru, Apr 28: A CRPF jawan has been arrested in Karnataka for allegedly defying the COVID-19 lockdown norms with the paramilitary force taking strong exception to his 'ill treatment', following which an inquiry has been ordered by the state police.

State DGP Praveen Sood has ordered inquiry into the incident, which has triggered a row after a video of it went viral.

In the clip, some police constables are purportedly seen hitting CRPF soldier Sachin Sawant with sticks in Belagavi.

According to the information shared on social media, Sawant was washing his bike when a police team reached the spot and started beating him up for not wearing a mask during the lockdown.

Taking a serious view of the 'ill-treatment' meted out to its Cobra Commando, the CRPF has written a letter to the Karnataka police demanding an investigation into the matter.

In a letter to the DGP of Karnataka, the additional Director general of police of CRPF Sanjay Arora said Sawant was cleaning his bike when a skirmish happened between him and the police over not wearing the mask.

Arora wrote, "Sawant was manhandled and ill-treated, before his family members and paraded to the police station barefoot, where he was kept in chains and handcuff.

From the scrutiny of a viral video on social media, it is apparent that the conduct of police personnel was not citizen centric."

The CRPF ADGP also said the 'unpleasant' situation could have been avoided if the Karnataka police had taken CRPF hierarchy into confidence before making the arrest.

In response, Sood ordered an inquiry into the matter.

He tweeted that IGP Belagavi has been asked to conduct a probe into the incident involving CRPF constable. Action will be taken against guilty after receipt of report, he said.

According to sources, Home Minister Basavaraj Bommai has directed the state police chief to conduct a detailed inquiry into the incident.

Denouncing the arrest, Karnataka Irrigation Minister Ramesh Jarkiholi has sought the release of the CRPF jawan.

"It was wrong on the part of the constables to ill treat CRPF jawan and an inquiry be conducted against the erring policemen," said jarkiholi in a press release.

However, Superintendent of Police of Belagavi district, Laxman Nimbargi defended the arrest of Sawant.

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.