RSS expresses displeasure at extravagant praise of PM Modi as God's gift'

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.

Puttur, Jul 7: A woman died after a wall of compound collapsed on her in Dakshina Kannada district on Tuesday, July 7. 

The victim was identified as Vasanti.

The wall got weakened due to heavy rain at Golithottu area in Puttur. Her body was sent to the post-mortem.

According to the police, the incident took place around 12.30pm when Vasanti was working in the backyard of her house.

Mangaluru, Jan 10: A gang of smugglers, who were planning to illegally export 4,000 kg of red sandalwood worth Rs 2 crore through New Mangalore Port, were nabbed in a joint operation by the anti-rowdy squad of Mangaluru North sub-division and sleuths of Panambur police station.

The arrested have been identified as Tabrez (36), Lohith (35), Rakesh Shetty (44), Hussain kunhimonu (45) and Farooq (45).

Commissioner of Police Dr P S Harsha said that red sandalwood worth Rs 2 crore were seized from the accused.

The other seized properties from the arrested include a Maruti Brezza, Renault Pulse, Tata Ace, two plywood boxes and seven mobile phones valued Rs 19 lakh.

Based on a tip off, the police raided a godown on the road leading to Jokatte from Baikamlady Industrial Area and seized 4,000 kg of red sanders worth  Rs 2 crore.

A case has been registered under Sections 50, 62, 80, 104 of Karnataka Forest Act and 144, 165 of Karnataka Forest Rules at the Panambur police station.