Mangaluru: CFI holds protest rally against violation of students' rights

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/ Bengaluru, May 10: Nearly 11,000 non-resident Kannadigas who are seeking repatriation from various countries across the world should be ready to shell out a huge amount for a two-week private quarantine in Karnataka before reaching their home.

The Kannadigas stranded in Gulf countries including UAE and Saudi Arabia have already expressed shock over the high airfare for repatriation during coronavirus lockdown. Another shocker is heavy quarantine fee once they reach their home state.

Officials in Mangaluru and Bengaluru have confirmed that administration has fixed charges for quarantine facilities starting from Rs 1,200 up to Rs 4,500, including food per day. 14 day quarantine will be mandatory for all healthy and asymptomatic international passengers. Hence, they should be ready to pay Rs 16,800  to Rs 63,000.

The other option is government quarantine centres: hostels run by social welfare, backward classes welfare and minority welfare departments but they are far from satisfactory. This is in stark contrast to the plush government quarantine facilities in Kerala.

In Mangaluru

The first repatriation flight to Mangaluru International Airport is expected to land on Tuesday, May 12 from Dubai.

The quarantine facilities include lodges, hostels and service apartments. Rates are fixed based on four categories: basic, economy, medium and premium. The basic facilities are mainly hostels of educational institutions, and the rest are budget and star hotels, said Rahul Shinde, probationary IAS officer, who is In-charge of the quarantine facilities for those being repatriated.

In Bengaluru

As many as 350 international passengers are set to arrive in Bengaluru at 3 am on Monday, May 11. So far, nobody has opted for government quarantine facilities, according to Lakshman Reddy, Joint Director, Social Welfare Department.

In Bengaluru, there are 55 hostels of the social welfare department, 51 of the backward classes welfare department and 12 of the minority welfare department. “We provide them with three square meals a day,” he added.

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