Ullal: Murder attempt on youth; locals chase, catch one of the accused

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.

New Delhi, Feb 28: They could hear shots being fired, sense smell of property and vehicles being burnt and feel the stones being pelted. Despite the mayhem that unfolded just a few steps away from their doorsteps, many Muslim households did not feel unsafe due to their Hindu neighbours during the violence in Delhi earlier this week.

Tarannum, a resident of Chand Bagh, said she cannot thank her neighbour Nem Singh enough for saving 15 members of her family that fateful night of February 25. Singh, an auto-rickshaw driver, lives right across her house.

"I could hear the thumping on the door. Our neighbour came to rescue us and assured us that no harm would come to our family, " said Tarannum who lives in lane number 7.

"We thought khayamat has come. Our kids too got scared. Those indulging in rioting are just terrorists. Hindu brothers gave us shelter and saved us. How should I say that they are Hindus or Muslims? When we were under attack, these Hindu brothers provided us safety. We should not fight, " said Tarannum while recounting the horror.

She said a mob has no face, no religion. "I want to tell everyone mob has no name, no religion. Kaun sa pathar kisne mara kisko laga pata hai kya? Pathar ne mazhab dekha kya? (Which stone was thrown by whom, who was hit, does anyone know. Stone does not have a religion," she said.

Singh said he could not bear the wailings of his neighbour's kids.

"Dar to tha par apni gali mein kisi ko pareshan nahi hone dena tha. (I too was afraid but I could not have let them hurt my neighbours)," said Singh when asked if he could have also been attacked for giving shelter to Tarannum family.

"I told them that the rioters will have to go through us first. We all were equally scared," recalled Singh.

Jameel, another local resident, said that his Hindu neighbours were even ready to sacrifice their lives to save him from the ruthless terrorists hired by pro-CAA politicians to unleash violence against Muslims.

Bengaluru, Jul 2: Former Karnataka Chief Minister HD Kumaraswamy on Thursday accused BS Yediyurappa-led state government of "failure" to protect the citizens from coronavirus, stating that Karnataka was suffering due to lack of co-ordination in the cabinet.

In a series of tweets, the JD(S) leader slammed the state government for wasting their time in giving out contradictory statements regarding COVID-19 figures instead of learning lessons from the Kerala government.

"It is shocking to see COVID-19 patients being turned down by the hospitals due to lack of beds. The government has failed in its duty to protect the citizens. The CM and his cabinet colleagues wasted precious time in mere talking for the last three months. As the escalated Covid numbers stare them in the face, they are now helpless," Kumaraswamy wrote.

"Even when you have a proven model in Kerala government's success in Covid management, the ministers waste time in issuing contradictory statements and doing nothing. Karnataka suffers due to lack of co-ordination in the cabinet," he said.

Urging the government to act together, he said that if the government does not get its act together, the day is not far when Covid patients would be "condemned to die on the streets."

We are already seeing heart-wrenching stories of patients denied treatment," he added.

Kumaraswamy also appealed to the Karnataka government to consider the suggestions he had made earlier and not to indulge in party politics in these testing times.

"I appeal to the government to consider the suggestions I made earlier and act accordingly. This is not the time for party politics."