Transfer: Rohini challenges CAT order in HC

Bengaluru, Jun 15: Karnataka Chief Minister B S Yediyurappa on Monday laid the foundation stone for the construction of a Rs 220 crore airport project in his political bastion of Shivamogga, as he expressed confidence that it will give a boost to tourism, industries and economic activities in the region.

"The long cherished dream of people of Shivamogga about having an airport is finally becoming a reality.

The project that was planned when I was Deputy Chief Minister and Chief Minister in the past was shelved due to contractor issues and lack of interest by the governments that came later," Yediyurappa said.

Speaking at the foundation laying event for the airport, which he attended virtually via video conference, he said, now the government is once again taking up the project through infrastructure development and PWD departments.

The project to construct the well-equipped airport at Sogane in Shivamogga taluk at the cost of Rs 220 crore in about 662.38 acre land area has been initiated, he said, adding that the project will be taken up in two phases.

He expressed hope that it will be completed in a year's time.

The first phase consists of runway, taxiway, apron, approach road, peripheral road and compound wall construction, while the second phase consists of terminal building, ATC tower, fire station building, among others, a release said.

Noting that under the Udan scheme the project has been envisaged to provide affordable air travel to people, the Chief Minister expressed confidence about tourism, industries and economic activities in the region getting a boost, with the small airport coming up at Shivamogga.

He also directed officials to complete the airport work on time without compromising on the quality.

Highlighting various developmental works that is being implemented in Shivamogga, the district which is regarded as his political turf, Yediyurappa said, with the cooperation of the central government various railway projects have also been taken up in the district including Shivamogga- Shikaripura rail route.

Shikaripura is the constituency represented by the Chief Minister, while his son B Y Raghavendra represents Shimoga constituency in Lok Sabha.

Yediyurappa, who also inaugurated the divisional office of National Highway authority in the district, said a bridge project across river Sharavati at Singndur in Sagara taluk will be taken up.

Conceding that developmental work has taken a backseat due to the COVID-19 situation, the Chief Minister said the challenge is to overcome it and achieve development.

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.