Why not a CBI probe into DySP's suicide, SC asks Karnataka

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, Jan 16: The Akhil Bharatiya Vidyarthi Parishad is holding rallies and meetings and distributing booklets across the country in support of the Citizenship (Amendment) Act, said ABVP National Secretary Harsha Narayan here on Thursday.

Speaking to media persons, he said that the CAA, which provides citizenship to Hindus, Buddhists, Sikhs, Parsis, Jains and Christians persecuted in Pakistan, Afghanistan and Bangladesh, was among the things that the ABVP was fighting for.

Jan 30: One positive case of novel coronavirus has been found in Kerala. The student was studying at Wuhan University in China. The patient is stable and is being closely monitored.

This is the first case of coronavirus that has been reported in India.

Until now, there have only been many suspected cases across the country. A total of eight patients, five of them in Mumbai, are under observation in Maharashtra for suspected coronavirus infection. Six patients were already under observation and two more people, who complained of cough and mild fever, symptoms similar to the coronavirus, were put under medical watch on Tuesday evening.

One suspected case each has been reported in Rajasthan and Chandigarh.

Novel coronavirus (nCoV) is a large family of viruses that causes illnesses ranging from the common cold to acute respiratory syndromes. However, the virus that has so far killed 170 people and affected 7,000 in China is a novel strain and not seen before.

It has emerged from a seafood and animal market in Wuhan city and is suspected to have spread to as far as the United States.

According to the World Health Organisation, the common symptoms of the novel coronavirus strain include respiratory symptoms such as fever, cough, shortness of breath and breathing difficulties.