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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.

Bengaluru, Jul 19: Three legislators of the opposition Congress in Karnataka, including 2 MLAs and 1 MLC tested positive for coronavirus and are under treatment, a party official said on Saturday.

"Our Bailhongal MLA Mahantesh Koujalgi in Belagavi district and Humnabad MLA Rajashekhar Patil and his MLC brother Chandrashekhar Patil in Bidar district tested positive for the infection and are under treatment at designated hospitals," party spokesman Ravi Gowda told media persons in Bangaluru.

Koujalgi's swab sample was taken on Friday after he showed signs of illness and its result turned positive earlier in the day.

"As Koujalgi attended a review meeting at Bailhongal, about 20 officials who participated in the meeting have been home quarantined," said Gowda.

Koujalgi is the second lawmaker in the state's northwest region to test positive after BJP's Belagavi North assembly segment MLA Anik Benake tested positive for the virus on July 15.

"Patil brothers were in self quarantine after meeting BJP's Bidar Lok Sabha member Bhagwanth Khuba, who tested positive on Wednesday. Their tests also showed they were infected with the virus," Gowda said.

Congress MLC Sandesh Nagaraj, who tested positive on Friday, is under treatment at a private hospital in Mysuru.

Dakshina Kannada district Youth Congress president Mithun Rai is in institutional quarantine in Bengaluru after he tested positive for the infection.