Youth carries father's body in hand cart as hospital denies vehicle

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.

Bengaluru, Jul 3: Opposition leader in the Karnataka Legislative Assembly and former Chief Minister Siddaramaiah on Friday opined that there is no other option left but to resort to 'Jail Bharo' agitation to expose the ruling BJP government's indulge in 'Corona Corruption' which runs into more than Rs 2000 crore.

Siddaramaiah said that according to a submission to the Karnataka High Court the government has submitted that it has incurred Rs 3,392 crore expenditure for Corona in the State so far. While the market price for equipment purchased will not exceed Rs 1163 crore and it clearly shows that the corruption is to the tune of Rs 2,000 crore.

Siddaramaiah speaking to a private TV channel here on Friday said the chief minister B S Yediyurappa-led State government should come out with a White Paper on the money spent for purchases made facilities provided to patients. 

According to submission to the Court, the Government has purchased 1000 Ventilators by paying Rs 120 crore, while the market price is Rs 40 crores at Rs 4 lakh for each Ventilator. Why is Rs 120 crore more paid, does it not lead to doubt the government's claim. For purchase of kits, mask, gloves etc. it amounted to Rs 1,500 crores but paid by the government was Rs 9,000 crore."

Mangaluru: The police team investigating the case of bomb planting at the international airport here on January 20, took suspect Aditya Rao to several places in the city where he had frequented in the past few months, police said on Wednesday.

Police had earlier recovered a box from his bank locker at Udupi that contained a white powder which he claimed was cyanide. The substance has been sent to the Forensic Science laboratory for confirmation.

On further interrogation, Rao told police that he had a locker in a bank in Mangaluru also, where he was taken. Only some papers were seen in the locker, police said. He was also taken to the room where he stayed while he was working at a hotel in Balmatta here and to a hardware workshop from where he had purchased some spare parts, they said.

A 'live' explosive device was found in an unattended bag near a ticket counter of the departure gate of the airport here on January 20, triggering a scare before it was defused at a nearby open ground.

Police had released a picture of a man captured on CCTV camera as the suspect who placed the bomb and Rao later surrendered. Meanwhile, sources said the airport authorities got an anonymous call on Monday evening that a bomb had been planted in the airport. After thorough search, it was found to be a hoax. City police commissioner P S Harsha has warned of stringent action against those who make such calls.