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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.

Mangaluru, Feb 18: Notorious serial killer 'Cyanide' Mohan has been sentenced to life imprisonment by a court here for the murder of a 23-year old woman from Kasaragod district of Kerala in 2006.

That was the 19th of the 20 murder cases slapped against him.

Sixth additional district and sessions court judge Sayeedunnisa  said the life sentence will commence after he serves the sentence of imprisonment in the other cases.

Cyanide Mohan had 20 murder cases registered against him. He is accused of killed several women using cyanide after befriending and raping them.

He has been awarded the death sentence in five cases and life imprisonment in three. Two of the death penalties were later commuted to life imprisonment.

According to the charge sheet in the latest case, Mohan met the woman while she was going to work at a unit of CAMPCO here. After befriending and offering to marry her, on January 3 in 2006, he took her to Mysuru and stayed in a lodge near the bus stand.

Like in all other cases, the next morning, Mohan asked the woman to remove her ornaments. The two went to the KSRTC bus stand where he asked her to consume a pill convincing her that it was a contraceptive. However, it was laced with cyanide.

The woman, who consumed the pill in the washroom, collapsed and was declared brought dead at a hospital.

As in previous cases, Mohan went back to the lodge and left the place along with her ornaments.

He was arrested later from Bantwal in 2009, after which he admitted to killing 20 women.

The judge directed the District Legal Service Authority to take steps to award compensation to the woman's mother under the Karnataka victim compensation scheme.

Bengaluru, Jun 5: Karnataka Chief Minister B S Yediyurappa on Thursday said government employees and owners of tractors and other vehicles must return the BPL ration cards immediately, failing which stringent legal action would be initiated against them.

The CM issued directions in this regard to officials as he conducted a review meeting of the Food and Civil Supplies and Consumer Affairs department today. Proper supply of ration must be ensured to eligible beneficiaries and action has to be taken to prevent misuse of the facility by those not eligible, Yediyurappa was quoted as saying by his office in a release.

Nearly 63,000 ration cards were cancelled before the COVID-19 outbreak, he noted and directed officials to initiate a campaign to cancel all illegal ration cards. "this campaign would help in curtailing the financial burden on the State's reserves," he added.

In the backdrop of coronavirus pandemic, both the Central and State governments have distributed sufficient quantities of ration, and about 95 percent ration cardholders have availed the benefit, the release said. Under the Chief Ministers Anila Bhagya Scheme, 98,079 beneficiaries have been given 3 gas cylinders free of cost, it said.