Once again Bengaluru witnesses massive protest against CAA, NRC, NPR

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, Mar 21: Southern Railway has cancelled some more trains in view of poor patronage due to restrictions in place to prevent the spread of COVID-19.

Train No.16565 Yesvantpur-Mangaluru Central Weekly Express has been cancelled on March 22 and March 29.

Train No.16566 Mangaluru Central-Yesvantpur Weekly Express will not run on March 23 and March 30.

Train No.10215 Madgaon-Ernakulam Weekly Superfast Express will not be operated on March 22 and March 29.

Train No. 10216 Ernakulam-Madgaon Weekly Superfast Express will not run on March 23 and March 30.

Train No.16355 Kochuveli-Mangaluru Junction Antyodaya Express, scheduled to leave Kochuveli on March 21, 26 and on March 28 stands cancelled.

Train No.16356 Mangaluru Junction-Kochuveli Antyodaya Express, scheduled to leave Mangaluru Junction on March 22, 27 and March 29 will not be operated, a Southern Railway release said.

Hubballi–KSR Bengaluru–Hubballi Janashatabdi (Daily) Express (12079/12080), Mysuru–Yelahanka–Mysuru Malgudi (Daily Express)

(16023/16024), Yeshwantpur–Pandharpur–Yeshwantpur (Weekly) Express (16541/16542), Mysuru–KSR Bengaluru–Mysuru Rajyarani Express

(16557/16558), Shivamogga–Yeshwantpur –Shivamogga Express Special (06539/06540), Mysuru–Renigunta–Mysuru Weekly Express

(11065/11066), Mysuru–Sainagar Shirdi–Mysuru Weekly Express (16217/16218), Yeshwantpur–Mangaluru–Yeshwantpur Weekly Express (16565/16566), and Belagavi–Mysuru Vishwamanava (Daily) Express (17326).

Mysuru–Belagavi Vishwamanava (Daily) Express (17325) has been cancelled till April 1.

The services of Train No.16023/16024 Mysuru-Yelahanka-Mysuru Malgudi Express has been cancelled from March 20 to March 31.

Similarly, Train No.16557/16558 Mysuru-KSR Bengaluru-Mysuru Rajya Rani Express will not ply from March 20 to March 31, according to a railway release.

Train No. 17325 Belagavi-Mysuru Vishwamanava Express will not operate from March 21 to April 1 and the corresponding service of Train No.17326 from Mysuru to Belagavi will remain cancelled from March 20 to March 31.

The authorities have also cancelled the service of Train No.11065 Mysuru to Renigunta weekly express which was to operate on March 20 and March 27 and the corresponding service from Renigunta to Mysuru on March 21 and March 28.

Likewise, Train No.16217 Mysuru to Sainagar Shirdi weekly express will not operate on March 23 and March 30 and the journey in the return direction of Train No.16218 Sainagar Shirdi to Mysuru weekly express on March 24 and March 31 stands cancelled.

The railway authorities have cancelled the Hubballi-KSR Bengaluru-Hubballi Janshatabdi superfast express from March 20 to March 31 and the services of Train No.06539/06540 Yasvantpur- Shivamogga Town-Yasvantpur express for March 20, 24, 25, 26, 27 and March 31 stands cancelled.

The other trains cancelled for a limited period include Train No.16541 Yasvantpur to Pandharpur weekly express for its journey commencing on March 19 and 26 and the return journey on March 20 and 27.