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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, Jun 1: A youth was hacked to death and two others suffered critical injuries following a fight between two gangs at Yekkaru Devaragudde near Kateel under the limits of Bajpe police station last night.

The deceased has been identified as Keertan (20), a resident of Marakada. The injured are Nitin (20) and Manesh (20). It is learnt that old animosity led to the attack and murder.

According to sources, members of both gangs were friends in the past. They had become enemies of each other following a fight regarding sand mining.

Sources said that Keertan, Nitin, and Manesh had reportedly invited their rival gang to Devaragudde for some discussion. A verbal friction arose between the two gangs and it culminated in the attack by the rival gang members with daggers. Keertan reportedly died on the sport. The other two were taken to hospital.

The accused fled the scene soon after committing the crime. A case has been registered at Bajpe police station. A manhunt has been launched to nab the accused.

Mangaluru, Feb 29: The state general assembly (SGA) of Karnataka unit of the Popular Front of India was held from February 27 to 29, 2020 at Puttur in Dakshina Kannada district wherein new functionaries were elected for the next two years.

Yasir Hasan was elected president of the state unit of the organisation while Nasir Pasha was elected general secretary. Ayub K Agnady, Mohammed Sharief and Shahid Nasir were elected vice president, secretary and treasurer respectively.

The state executive committee members are: Abdul Khader, Abdul Majeed, Sharief Kodaje and Mohammed Tafseer.

The SAG commenced with the hoisting of flag by outgoing president Muhammad Saqib on February 27. The three day meeting analyzed the growth and activities of the PFI for the past two years. It was observed that the organization has received positive acceptance among the society.