Dakshina Kannada judge hasn't voted for last 32 years due to poll time transfers

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, Apr 22: A staff working at the office of Dakshina Kannada Deputy Commissioner was sent to quarantine as a precautionary measure here in the city on Wednesday.

The staff reportedly is a distant relative of a woman (native of Bantwal) who recently died due to killer Corona Virus in Wenlock Hospital, prompting the DC office to send the staff for 14-day quarantine.

According to the reports the staff had met the Doctor who was treating the woman and had inquired about her health condition on April 18.

However the staff did not meet the woman when she was in hospital as she was being treated in the ICU.

Mangaluru, May 22: There will be complete lockdown in Dakshina Kananda from 7 p.m. on Saturday (May 23) to 7 a.m. on Monday (May 25). 

Announcing this today, Deputy commissioner Sindhu B Rupesh clarified that there would be no restrictions on sale of newspapers, vegetables, fish, meat, milk and medicine.

Other shops, hotels and bars will remain closed. Movement of private vehicles also banned during this period.

Under lockdown period, people are instructed to stay indoors and all non-essential activities are restricted. 

Under coronavirus lockdown, people can step out only for essential activities like medical supplies, grocery shopping, and hospital appointments.

Wedding with permission

If marriages have been scheduled already on Sunday, they will be considered as a special case. However, prior permission is must for scheduled weddings, said the deputy commissioner.

Marriages can be permitted by ensuring social distancing, capping the number of guests at 50 and strict compliance with all other guidelines.

No AC, no consumption of liquor and paan, no invitation to people aged above 65 and below 10 and also pregnant women are some of the guidelines to be followed for holding marriages or events.

Containment zones 

In the corona containment zones that have been sealed no one can step out, only home delivery of essential services are allowed. Only movement of medical vehicles will be allowed and no one will be allowed to perform any other activity. No one will be allowed to step out of their home even for essential services. The govt may take legal action if anyone is seen out of their home.