Thousands of Hindus, Muslims throng Hazrat Khwaja Banda-Nawaz Dargah as 614th Urs begins

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.

Kochi, May 8: Five people, who were among 181 individuals evacuated from Abu Dhabi, have been sent to the isolation ward of the district hospital after they displayed symptoms of coronavirus during thermal screening.

The first repatriation Air India Express flight with 181 individuals from Abu Dhabi landed at Cochin International Airport here on Thursday.

Among the returnees, 49 women were pregnant and four were children. They have been home-quarantine.

Meanwhile, the rest have been taken to quarantine centres in their respective districts.

The Air India Express flight IX452 to Kochi with 177 passengers and four infants took off from Abu Dhabi International Airport and touched down at Kochi post 10 pm.

The government has made it mandatory for foreign returnees to be quarantined for 14 days, either in a hospital or in an institutional quarantine on payment-basis, by the concerned state government.

A COVID-19 test would be done after 14 days and further action would be taken according to health protocols.

India on Monday began phased repatriation of its citizens stranded abroad due to coronavirus lockdown.

The government said that Air India will operate 64 flights from May 7 to May 13 to bring back around 15,000 Indian nationals stranded abroad amid the COVID-19-induced lockdown.

Starting from 7 May, 64 flights will take off for 12 countries including the UAE, Saudi Arabia, Kuwait, Qatar, Bahrain, Maldives, Singapore and the US.