Shuaib murder: HC upholds Kerala govt’s appeal against CBI inquiry

Bengaluru, Jul 8: 15 police personnel from Bangalore's Whitefield division tested positive for COVID-19 on Wednesday.

Out of these, 12 are from the Hindustan Aeronautics Limited (HAL) police station, sources said.

A total of 27 police staff of the Whitefield division have tested positive so far and five have been discharged. The HAL police station closed on June 27 after one police staff tested COVID positive. All personnel of the police station were tested in the following days and 12 tests returned positive.

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, Jul 11: The Bharatiya Janata Party led government of Karnataka is planning to ban cow slaughter as well as the sale and consumption of beef in the state by bringing Prevention of Cow Slaughter and Preservation Bill, 2012.

"Many states have passed the Anti-Cow Slaughter Bill. We are preparing to implement it in Karnataka as well. The state government will soon implement a ban on cow slaughter, sale and consumption of beef on the lines of many other states," said Prabhu Chauhan, the state's Animal Husbandry Minister.

The Anti-Cow Slaughter Act is already in place in several states like Gujarat, Delhi, Haryana, Maharashtra, Madhya Pradesh among others.

Last month, the Yogi Adityanath-led Uttar Pradesh government passed a draft ordinance to prevent cow slaughter, providing maximum rigorous imprisonment of 10 years and a fine up to Rs 5 lakh.
The Uttar Pradesh Cabinet Cow Slaughter Prevention (Amendment) Ordinance, 2020 aims at making the existing Uttar Pradesh Prevention of Cow Slaughter Act, 1955 more effective towards cow safety.

In Karnataka, the BJP-led government had promised to ban cow slaughter in its manifesto for 2018 state assembly election.

"The government will form a team of experts to look into once the current pandemic situation eases," Chauhan stated, adding that if necessary, the team of experts will visit states like Uttar Pradesh, Gujarat.

The then BS Yediyurappa-led BJP government had passed the Karnataka Prevention of Cow Slaughter and Protection Bill in 2010 but it failed to get presidential approval. Three years later, the Bill was withdrawn by the Siddaramaiah-led Congress government.

"I will discuss this matter with Chief Minister and if this pandemic situation eases, by next session, if not by upcoming assembly session, we will try to bring Karnataka Prevention of Slaughter and Preservation of Cattle Bill," Chauhan added.