PIL in High Court for preventing religious conversion of SC/ST

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, May 26: The Karnataka high court has rejected bail to a software engineer who was arrested after his sarcastic Facebook post urged people to spread coronavirus by sneezing in public over two months ago.

Mujeeb Mohammed was sacked by Infosys from the post of senior software engineer after his arrest on March 29.

Justice KS Mudagal observed the investigating officer's report and the case diary prima facie show though Mujeeb was well educated and employed, he uploaded messages which are likely to cause disharmony and panic, and are hostile to humanity at a time when the world is facing the pandemic.

The judge noted that the records indicate Mujeeb has six bank accounts, stayed in Bahrain and Kuwait for some years, was influenced by religious fanatics and anti-national ideas and that he had shared a Pakistan WhatsApp number to someone over information about Islam. The National Investigation Agency is probing his links.

Mujeeb, who is in judicial custody now, has been booked under sections 153A, 505, 270 and 109 of IPC.

His counsel submitted the maximum punishment under 153 A of IPC (causing enmity) would be three years and for other offences, it's even less. He also stated the petitioner would abide by the conditions to be imposed by the court.

However, the government pleader said probe provided leads on the petitioner's links with unorganised terrorist groups and it has to be investigated further.

Bengaluru, May 19: Containment zones in Karnataka will be much smaller in size under the latest lockdown norms. However, rules and loopholes will be tightened and action against violators will be stringent in order to check the spread of the disease.

Revised guidelines issued by the Centre to the state, reveal containment zones are delineated based on mapping of cases and contacts. Intensive action will be carried out in these areas with the aim of breaking the chain of transmission. Therefore, the area of a containment zone should be appropriately defined by the district administration/local urban bodies with technical inputs at local level.

The health department is considering shrinking the size of containment zones from the existing 100 metres to open up more space for economic activities. Medical education minister K Sudhakar, also a member of the Covid taskforce, said additional chief secretary (health department) Javed Akthar will issue a new definition of a containment zone after the Covid-19 taskforce holds its next meeting.

“We are planning to further shrink it and restrict containment zones to an apartment complex, independent house or even a lane where the Covid-19 patient resides,” Sudhakar said. He went on to say bigger containment zones will impede businesses and normal activities in the vicinity, something which the government wants to avoid.

The minister said Karnataka will also do away with colour-coding districts. “With restrictions being relaxed for almost all activities, it does not make sense to pursue with colour codes. It is either containment zone or outside containment zone,” he said.

In rural areas, the minister said containment zones will be identified by the taluk heads. Government sources say it is difficult to restrict activities to certain areas or smaller location in rural areas as farmers and people will have to travel to the outskirts of their villages for their livelihood.

An official said, a containment operation (large outbreak or cluster) is deemed successful when no case is reported in 28 days from the containment zone.