Prohibitory orders during anti-CAA protests illegal: Karnataka High Court

coastaldigest.com news network
February 14, 2020

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.

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News Network
February 28,2020

Kozhikode, Feb 28: Nearly 200 Umrah pilgrims from Kerala were deboarded from their flights to Saudi Arabia from Calicut international Airport here on Thursday after the gulf nation enforced a temporary ban on foreigners seeking to visit the holy cities of Makkah and Madina, following coronavirus scare.

Saudi Arabia halted travel to the holiest sites in Islam over fears about a viral epidemic just months ahead of the annual hajj pilgrimage, a move that came as the Mideast has over 240 confirmed cases of the new coronavirus.

According to Airports Authority of India officials, as many as 84 of passengers from the Saudi Airlines and 104 from the Spice Jet Airlines were denied permission to board the flights and travel to Saudi Arabia.

However, other passengers bound to Jeddah were permitted to fly, they said.

A private tour operator here said two batches of 40 pilgrims each were denied permission to travel to Makkah to perform Umrah on February 27.

Umrah is an Islamic pilgrimage that can be performed at any time of year.

"The pilgrims were denied entry by the two airlines, Spice Jet scheduled at 05.30 hrs and Saudi Airlines at 1130 hrs," Naiful Akbar, a travel agent said.

The Airport Authority of India sources said, "the passengers were asked to alight by the Spice Jet airline staff following an instruction received by them."

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News Network
January 22,2020

Bengaluru, Jan 22: The suspected man in planting of a live bomb at the Mangaluru International Airport surrendered before the DG and IG of Karnataka Police, Neelamani Raju, here on Wednesday, police sources said.

The accused was identified as Aditya Rao, a resident of Udupi.

The accused was taken for questioning by the Halasurugate Police, where he was being interrogated intensively, the sources further said.

According to them, he confessed that he planted an explosive device at Mangaluru Airport on Monday said that it was an act of revenge for denying him an employment by the Kempegowda International Airport Limited (KIAL).

He was arrested by the Bengaluru police in the past for making a hoax call to the police stating that a bomb had been planted at the Bengaluru Airport.

Karnataka Home minister Basavaraj Bommai told the media that 'the Bengaluru police have taken the custody of Aditya Rao, who is being subjected for a thorough interrogation'.

The Mangaluru police was also likely to join the Bengaluru police into the investigation, the sources added.

Also Read: Udupi’s Aditya Rao arrested for issuing bomb threats to Airport, railway station

Comments

sameer
 - 
Wednesday, 22 Jan 2020

This would have been a false flag operation, if he was not caught, they would have been an explosions and Dr.police would have put muslim youths behind bars...or that was the intention/plan but due to unforseen reasons failed......i hope someone comes out with the truth..

Alert
 - 
Wednesday, 22 Jan 2020

if he were to be a muslim, he would have benn branded terrorist. revenge and all these expalnations are just excuses. investigate from where an dhow he got bombs.

Ashi
 - 
Wednesday, 22 Jan 2020

Bomb has weaken once bomber name appears. Now time for fact finding, family emotions, personal attachments etc. If he was Muslim it would have connected to ISIS, Anti-CAA, Pakistan, Kerala..

 

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News Network
June 5,2020

Newsroom, June 5: The union health ministry has announced new rules for shopping malls which have been permitted to open from June 8, except those falling in containment zones.

The guidelines will come into effect from Monday and cinema halls, gaming arcades and children play areas in these establishments will remain closed.

Here is the complete list of standard operating procedures issued by the ministry to be followed in shopping malls to contain the spread of COVID-19.

•   Thermal screening of all visitors mandatory at entry point, along with compulsory hand hygiene. Only asymptomatic visitors will be allowed to enter the shopping mall .

•  It will be mandatory for all visitors as well as workers to wear face masks at all times inside the mall. 

•  Posters and audio-visual media on preventive measures about COVID-19 should be displayed prominently.

•  Visitor entry to shopping malls should be allowed in a staggered manner and adequate manpower be deployed by mall management for ensuring social distancing norms.

•  All employees who are at higher risk like elderly, pregnant women and those having underlying medical conditions should take extra precautions. They should preferably not be exposed to any front-line work requiring direct contact with the public.

•   Proper crowd management in the parking lots and outside the premises – duly following social distancing norms shall be ensured. Preferably, separate entry and exits for visitors, workers and goods/supplies shall be organised.

•   The staff for home deliveries should be screened thermally by the shopping mall authorities prior to allowing home deliveries and required precautions while handling supplies, inventories and goods in the shopping mall must be ensured.

•   Physical distancing of a minimum of 6 feet, when queuing up for entry and inside the shopping mall should be maintained as far as feasible while the number of customers inside the shop should be kept at a minimum, so as to maintain the physical distancing norms.

•   The number of people in the elevators should be restricted and use of escalators with one person on alternate steps should be encouraged.

•   Number of people in the elevators shall be restricted, duly maintaining social distancing norms. Use of escalators with one person on alternate steps may be encouraged.

•   Effective and frequent sanitation within the premises shall be maintained with particular focus on lavatories, drinking and hand washing stations/areas

•   Cleaning and regular disinfection of frequently touched surfaces  to be made mandatory in all malls in common areas as well as inside shops, elevators, escalators etc.

•   In the food-courts, adequate crowd and queue management is to be ensured and not more than 50 per cent of seating capacity should be permitted.

•   Food court staff should wear mask and hand gloves and take other required precautionary measures, the seating arrangement should ensure adequate social distancing between patrons as far as feasible and tables should be sanitized each time a customer leaves.

•   Gaming arcades, children play areas and cinema halls inside shopping malls shall remain closed.

•   Spitting should be strictly prohibited and installation and use of Aarogya Setu App shall be advised to all.

•   The ministry advised persons aged above 65, those having comorbidities, pregnant women and children below the age of 10  to stay at home, except for essential and health purposes.

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